Application under Section 482 Cr.P.C. to quash charge sheet and proceedings in a case alleging molestation and assault was rejected. The court held the material showed a definitive case, preventing quashing, but directed bail disposal if applicants surrender.
Prayer to quash the impugned charge sheet and proceedings is refused.
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Court No. - 64
Case :- APPLICATION U/S 482 No. - 12251 of 2023
Applicant :- Hridayanand And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sushil Kumar Rao Counsel for Opposite Party :- G.A.
Hon'ble J.J. Munir,J.
This application has been filed seeking to quash the charge sheet dated 26.01.2023 and the entire proceedings of Case No. 2240 of 2023, State vs. Hridyanand and another (arising out of Case Crime No. 490 of 2022), under Sections 323, 452, 504, 506, 354B IPC, P.S. Patherwa, District Kushinagar, pending before the Judicial Magistrate, Kushinagar.
The submission of learned counsel for the applicants is that they have been implicated mala fide because an earlier case registered against the husband of the complainant-opposite party, the applicants had taken the victim of that case to the hospital.
Be that as it may, in the present case the FIR and the material in the case diary show a definitive allegation against the applicants about molesting the prosecutrix, carrying her off from her home and attempting to ravish her; and failing in that, assaulting her with an iron handle. There is an injury report on record, which shows a contused swelling 4 cm x 3 cm on the interior aspect of the chest, 4 cm below the sternal notch and a contused swelling 6 cm x 7 cm on the mid of utter back. The statement of the prosecutrix recorded under Section 164 Cr.P.C. also credits the applicants' with a case of molestation and violence. Given all this material even if the applicants have a legitimate defence to raise, it is not the province of this Court to try and test the disputed defence of the accused. No case for quashing the impugned proceedings is made out. The prayer to quash the
proceedings is refused . However, in case the applicants surrender within 15 days of date and apply for bail, prayer for bail in case of each of the applicant shall be disposed of expeditiously by both the Courts below.
This application is disposed of in terms of the aforesaid orders.
Order Date :- 27.4.2023 Deepak
Digitally signed by :- DEEPAK KUMAR PANDEY High Court of Judicature at Allahabad
2 issues framed by the court
Whether Section 482 Cr.P.C. proceedings should be quashed given allegations of molestation and assault.
Whether the disputed defence of the applicant justifies quashing the criminal proceedings.
Hridayanand And Another
J.J. Munir
Deepak Kumar Pandey
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
