High Court dismissed applicant's Section 482 Cr.P.C. petition seeking quashment of charge-sheet and summoning order. Court held determination of aggression in mutual FIR case is a matter for trial and no abuse of process was shown.
Quashing of charge-sheet, cognizance order, and entire criminal proceedings dismissed.
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Court No. - 91
Case :- APPLICATION U/S 482 No. - 23929 of 2021
Applicant :- Prabhu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.
This application U/s 482 Cr.P.C. has been filed to quash the charge-sheet dated 5.4.2021 and cognizance/summoning order dated 5.8.2021 passed by Judicial Magistrate, Kasya Kushi Nagar as well as entire proceedings of Criminal Case No. 2308 of 2021 (State Vs. Ram Prasad and others) arising out of Case Crime No. 249 of 2020, under section 147, 323, 504, 506, 308 IPC, P.S. Sevrahi, District Kushi Nagar pending in the court of Judicial Magistrate Kasya, District Kushi Nagar.
The O.P. No. 2 moved an application under section 156(3) Cr.P.C. on the basis of which FIR was lodged on 1.7.2020 with regard to incident dated 28.6.2020 at 10:00 p.m. with the allegations that the accused persons with common intention armed with Lathi, Danda iron rod came at the house of complainant and started to abuse. They entered into the house of complainant and assaulted the complainant and his family members causing serious injuries to them. The injured were medically examined and after investigation charge-sheet has been submitted.
The submission of learned counsel for the applicants is that the real facts are that O.P. No. 2 lodged an FIR on 1.7.2020 regarding the incident dated 28.6.2020 at 10:00 p.m. In this incident three persons have received injuries including grievous injuries. Charge-sheet has been submitted in the aforesaid case. It is further contended that O.P. No. 2 moved an application U/s 156(3) Cr.P.C. after much delay and on that application FIR has been lodged. No one has suffered injury on the side of O.P. No. 2 and all the injuries are manipulated. The allegations of the FIR are false and concocted and in counter blast of the case FIR lodged by the applicant no. 2. The I.O. without conducting the fair and impartial investigation of the case relying upon the statement of O.P. No. 2 and injured Moti Lal as well as manipulated injury of Moti Lal has submitted the impugned charge-sheet against the applicants. It is also submitted that O.P. No. 2 and his family members are
aggressors. They came at the house of the applicants and assaulted them.
Learned A.G.A. submitted that with regard to incident dated 28.6.2020 FIR and FIR and counter FIR has been lodged by both the parties. Persons from both sides have received injuries. After due investigation charge-sheet has been submitted. There is no ground to quash the charge-sheet or entire proceedings.
It is undisputed that with regard to incident dated 28.6.2020 both the parties have lodged FIR against each other. Persons from both sides have received injuries and after due investigation charge-sheet has been submitted. Which party is aggressor is a matter of trial and can not be considered at this stage in a proceeding under section 482 Cr.P.C. All the grounds assailed by the learned counsel for the applicants are matter of facts which can be considered at the time of trial. There is no material to show that charge-sheet is an abuse of the process of law and continuation of proceeding is an abuse of process of court.
The application U/s 482 Cr.P.C. lacks merit and is hereby dismissed.
However, it is directed that if the applicants apply for bail, their prayer for bail shall be considered and decided expeditiously in accordance with law.
Order Date :- 5.3.2022 Masarrat
Digitally signed by MASARRAT HUSAIN Date: 2022.03.05 17:00:14 IST Reason: Location: High Court of Judicature at Allahabad
2 issues framed by the court
Whether the quashing of charge-sheet and proceedings in a mutual FIR case at this stage of investigation is permissible under Section 482 Cr.P.C.
Whether the determination of who is the aggressor in a case of mutual complaints and injuries is a matter of trial or can be decided in Section 482 proceedings.
2 provisions across 1 enactments
Prabhu And 4 Others
State of U.P.
Syed Aftab Husain Rizvi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
