Court dismissed the application under Section 482 Cr.P.C. to quash a charge sheet arising from a dowry harassment case, holding that prima facie offences were made out based on the FIR and investigation material.
Application to quash charge sheet refused; directive issued for future bail application consideration.
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Court No. - 65
Case :- APPLICATION U/S 482 No. - 40693 of 2022
Applicant :- Vimal Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A.
Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the charge sheet dated 7.1.2022, cognizance order dated 6.10.2022 of Registration No. 1588 of 2022, State Vs. Vimal, arising out of case crime no. 246 of 2021, u/s 504, 506 I.P.C.and section 4 of D.P. Act. P.S. Navabganj, District Fatehgarh, pending in the court of Magistrate/Fast Track Court No. 2nd, Fatehgarh.
As per the allegations made in the F.I.R. it is alleged that the marriage of daughter of O.P. No.2 was settled with the applicant and thereafter the applicant started making demand of dowry, however, later on the applicant refused to solemnise the marriage and extended death threats to him.
Learned counsel for the applicant has submitted that from the perusal of the allegations made in the F.I.R and the material collected during the course of investigation, no offence is disclosed against the applicant and the present case has been instituted with a malafide intention for the purpose of harassment, as such, charge sheet be quashed.
Per contra, learned AGA has submitted that from the perusal of the allegations made in the F.I.R. and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, the charge sheet can not be quashed.
From the allegations made in the F.I.R. and the statements of the witnesses recorded during the
course of investigation, prima facie offence is clearly made out against the applicant.
At this stage, disputed question of fact cannot be considered, therefore, in view of law laid down by Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283, the prayer for quashing the charge sheet is refused.
However, in case the applicant appears before the court below and applies for bail, his bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773.
With the aforesaid observations, this application filed u/s 482 Cr.P.C. is finally disposed of.
Order Date :- 18.1.2023 R
Digitally signed by :- RAM ASARE MORYA High Court of Judicature at Allahabad
3 issues framed by the court
Whether the charge sheet dated 7.1.2022 should be quashable under Section 482 Cr.P.C. given the allegations of malafide intention.
Whether an offence is disclosed against the applicant based on the FIR and investigation material under Sections 504 and 506 I.P.C.
Whether the applicant is eligible to seek bail before the lower court subsequent to the dismissal of the quashing application.
Colour shows how this judgement treated each authority
R.P. Kapur Vs. State of PunjabReferred¶12
R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866 · Who else cites this
State of Haryana Vs. Bhajan LalReferred¶12
State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426 · Who else cites this
State of Bihar Vs. P.P. SharmaReferred¶12
State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 · Who else cites this
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and anotherReferred¶12
Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC (Cri.) 283 · Who else cites this
Satender Kumar Antil Vs. Central Bureau of Investigation and anotherReferred¶13
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
3 provisions across 2 enactments
Vimal
State Of U.P.
Rajiv Gupta
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
