This single-judge order dismissed an application under Section 482 CrPC seeking quashment of proceedings in a matrimonial criminal case. The High Court found the applicant failed to establish that the prosecution case was false or frivolous.
Application to quash under Section 482 CrPC dismissed.
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Court No. - 66
Case :- APPLICATION U/S 482 No. - 31030 of 2022
Applicant :- Naushad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Shukla Counsel for Opposite Party :- G.A.
Hon'ble Rajeev Misra,J.
Heard Mr. R.P. Shukla, the learned counsel for applicant and the learned A.G.A. for State.
This application under section 482 Cr.P.C. has been filed challenging charge sheet dated 21.10.2020, submitted in Case Crime No. 280 of 2019, under section 323, 324, 307, 498A IPC and 3/4 D.P. Act, Police Station- Muradnagar, DistrictGhaziabad, as well as the Cognizance Taking Order/Summoning Order dated 29.10.2020 passed by Additional Chief Judicial Magistrate-XIth, Ghaziabad in Case No. 14050 of 2020 (State Vs. Naushad) under section 498A, 323, 324, 307 IPC and 3/4 D.P. Act, Police StationMuradnagar, District Ghaziabad.
Learned counsel for applicant submits that though applicant is husband of deceased but he is innocent. Allegations made in F.I.R. are false and frivolous. A matrimonial dispute has been dragged into criminal litigation. As such, applicant is being falsely prosecuted in aforesaid criminal case.
Per contra, learned A.G.A. has opposed the present application. He submits that after lodging of F.I.R. dated 31.3.2019, registered as Case Crime No. 280 of 2019, under section 323, 324, 307, 498A IPC and 3/4 D.P. Act, Police StationMuradnagar, District- Ghaziabad, Investigating Officer proceeded with statutory investigation of same. After completion of investigation, Investigating Officer has submitted charge sheet dated 21.10.2020. In the aforesaid charge sheet, as many as 8 witnesses have been nominated. On the aforesaid premise, learned A.G.A. submits that at this stage, it cannot be said that prosecution case is false or there is no material to support the prosecution of applicant. Apart from above, there is injury report of injured Sangeeta. There is nothing on record to dislodge the same. In view of above, learned A.G.A. contends that no indulgence be granted by this Court in favour of applicant.
When confronted with above, learned counsel for applicant
could not overcome the same.
In view of above, present application fails and is liable to be dismissed.
It is accordingly dismissed.
Order Date :- 17.1.2023 Arshad
Digitally signed by :- ARSHAD MAHMOOD High Court of Judicature at Allahabad
2 issues framed by the court
Whether section 482 CrPC application to quash cognizance and charges in a matrimonial dispute should be allowed.
Whether the prosecution case is false or frivolous to justify quashing proceedings.
3 provisions across 3 enactments
Naushad
State of U.P.
Rajeev Misra
Arshad Mahmood
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
