In an application to quash criminal proceedings under Sections 498A, 323, 504, 506 IPC and the D.P. Act, the High Court dismissed the plea. The court held that prima facie offences were made out from the FIR and that mini-trial was not permissible at this stage.
Application for quashing of criminal proceedings dismissed.
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Court No. - 89
Case :- APPLICATION U/S 482 No. - 25777 of 2022
Applicant :- Suneel Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Dinesh Kumar Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sameer Jain,J.
Heard Sri Dinesh Kumar Pandey, learned counsel for the applicant and Sri Ravi Kant Kushwaha, learned AGA for the State.
By way of present application, applicant made a prayer to quash the proceeding of Criminal Case No. 2918 of 2022 arising out of Case Crime No. 0248 of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Naugawan Sadat, District Amroha pending in the court of Additional Chief Judicial Magistrate-II, Amroha.
Learned counsel for the applicant submitted that applicant is the husband of opposite party no.2 and opposite party no.2 has lodged FIR of the present case on the basis of false and frivolous allegation and in fact applicant neither demanded any dowry nor in any manner he tortured her. He next submitted that applicant is public servant posted at present in Uttrakhand and only due to this reason opposite party no.2 lodged FIR of the present case and she does not want to take care of old aged parents of the applicant. He next submitted that although there is allegation of assault but there is no injury report on record which can substantiate the allegation of assault but in spite of that charge-sheet in routine has been submitted against the applicant.
Per contra, learned AGA submitted that from the perusal of the FIR and other documents on record prima facie offence under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act is made out against the applicant, who is husband of opposite party no.2, therefore, there is no illegality in the charge-sheet submitted against the applicant.
I have heard both the parties and perused the record of the case.
Admittedly, applicant is husband of opposite party no.2 and opposite party no.2, the wife lodged FIR of the present case against him under Sections 498A, 323, 504, 506, 354, 377 IPC and 3/4 D.P. Act and during investigation offences relates to
Sections 354 and 377 IPC were found false, therefore, chargesheet was filed only under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act.
From the perusal of the FIR and other documents on record, it reflects that there is allegation against the applicant, who is husband that he demanded dowry and tortured the opposite party no.2, therefore, it cannot be said that no offence is made out against the applicant. The other argument advanced by learned counsel for the applicant cannot be appreciated at this stage as mini trial at this stage is not permissible.
Accordingly, the present application is dismissed.
Order Date :- 13.9.2022 AK Pandey
Digitally signed by ANUPAM KUMAR PANDEY Date: 2022.09.14 18:25:20 IST Reason: Location: High Court of Judicature at Allahabad
3 issues framed by the court
Whether an application under Section 482 CrPC seeking quashing of criminal proceedings under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act should be allowed.
Whether the alleged false nature of dowry demand and torture combined with lack of injury report warrants quashing of proceedings.
Whether averting a mini-trial is permissible in deciding such application.
2 provisions across 2 enactments
Suneel Kumar
State Of U.P.
Opposite Party no.2
Sameer Jain
Anupam Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
