High Court dismissed the Section 482 Cr.P.C. application seeking quashing of FIR and proceedings. The bench found no prima facie ground for interference, noting that the existence of a case depends on trial-stage evidence appreciation.
Application under Section 482 Cr.P.C. is hereby dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 83
Case :- APPLICATION U/S 482 No. - 25574 of 2021
Applicant :- Rahul Singh Raghav And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Rajendra Kumar-IV,J.
Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material available on record.
The present application under Section 482 Cr.P.C. has been filed by applicants for quashing the impugned charge sheet dated 15.06.2021 as well as entire criminal proceedings of Case Crime No. 1123 of 2019 (State vs. Rahul Singh Raghav), under Sections 498-A, 323, 406, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station Chakeri, Kanpur Nagar and cognizance order dated 20.10.2021.
The main submission of learned counsel for the applicants is that it is a case of no injury. All the applicants are innocent. They have never demanded any dowry nor harassed the victim. The entire family have been roped on account of general allegation. He further submitted that the victim is also working a private job. She herself does not want to live with her husband. It is a matrimonial dispute between the husband and wife. The other family members have falsely been implicated in the present case to exert pressure to get the matter compromise. He showed some papers and statements in favour of his contention.
Learned AGA opposed the application and submitted that all the applicants have harassed and tortured the victim for demand of dowry. The marriage of victim with applicant no. 1 is admitted.
The allegation against all the accused-applicants has been levelled by the victim in her statement recorded under Section 161 Cr.P.C. and as per allegation, all the applicants demanded dowry and harassed the the victim. The father of proscutrix lodged the F.I.R. against the applicants, matter was investigated by the Investigating OfÏcer and after investigation I.O. found sufÏcient evidence against the applicants and submitted charge sheet.
A look at F.I.R. and allegation made herein would show that victim / opposite party no. 3, incorporated the ingredients necessary for prosecuting the accused-applicants for the offence alleged. The question whether the victim will be able to prove the allegation in the manner known to law would arise only at a later stage. It cannot be said that prima-facie case is not made out against the applicants.
In Rajesh Bajaj v. State NCT of Delhi & Ors., (1999) 3 SCC 259, Court has held that it is not necessary that a complainant should verbatim reproduce in the body of his complaint all the ingredients of the offence he is alleging. If the factual foundation for the offence has been laid in the complaint, the court should not hasten to quash criminal proceedings during the investigation stage merely on the premise that one or two ingredients have not been stated with details.
In Md. Allauddin Khan Vs. The State of Bihar and others, (2019) 6 SCC 107, Supreme Court observed as to what should be examined by High Court in an application under Section 482 Cr.P.C. and in paras 15, 16 and 17 said as under :
"15. The High Court should have seen that when a specific grievance of the appellant in his complaint was that respondent Nos. 2 and 3 have committed the offences punishable under Sections 323, 379 read with
Section 34 IPC, then the question to be examined is as to whether there are allegations of commission of these two offences in the complaint or not. In other words, in order to see whether any prima facie case against the accused for taking its cognizable is made out or not, the Court is only required to see the allegations made in the complaint. In the absence of any finding recorded by the High Court on this material question, the impugned order is legally unsustainable.
(emphasis added)
Having considered the rival submissions made by learned Counsel for parties and keeping in view the facts and legal proposition discussed hereinabove, I do not find any good ground warranting interference in the matter.
Accordingly, application under Section 482 Cr.P.C. is hereby dismissed .
Order Date :- 4.3.2022 Manoj
Digitally signed by MANOJ KUMAR YADAV Date: 2022.03.08 18:11:58 IST Reason: Location: High Court of Judicature at Allahabad
1 issue framed by the court
Whether there is any ground to quash the criminal proceedings under Section 482 Cr.P.C. in a case involving allegations of dowry harassment.
Colour shows how this judgement treated each authority
Rajesh Bajaj v. State NCT of Delhi & Ors.Referred¶11
Rajesh Bajaj v. State NCT of Delhi & Ors., (1999) 3 SCC 259 · Who else cites this
Md. Allauddin Khan Vs. The State of Bihar and othersReferred¶12
Md. Allauddin Khan Vs. The State of Bihar and others, (2019) 6 SCC 107 · Who else cites this
1 provisions across 1 enactments
Rahul Singh Raghav and 7 Others
State of U.P.
Rajendra Kumar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
