Dismissed

Suresh Yadav v. State of U.P. and Another

Allahabad HC22 Jul 2024A482/18811/2024

Case brief

AI extract

What is this about?

Application under Section 482 CrPC sought quashing of charge-sheet and cognizance in a case under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 Dowry Prohibition Act. The court held that a prima facie case existed, charges were framed, and factual disputes were for trial. Application dismissed.

What the court decided

AI extract

Suresh Yadav vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:116030

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 18811 of 2024

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Applicant :- Suresh Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kishore Counsel for Opposite Party :- G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicant, learned A.G.A. for the State and perused the material brought on record.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 09.08.2019 as well as cognizance/summoning order dated 20.09.2019, of Criminal Case No. 1141 of 2019 (State vs. Suresh Yadav and Others), arising out of Case Crime No. 0118 of 2019, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 D.P. Act, police station - Jaitpura, district Varanasi, pending in the court of J.M.-III, Varanasi.

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It has been submitted by learned counsel for applicant that applicant is innocent and no prima facie case is made out against applicant. Applicant is husband of daughter of informant and his marriage has taken place on 19.02.2015. The allegations of dowry demand and harassment of victim levelled against applicant are wholly false. Victim has not sustained any injury. It was submitted that no prima facie case is made out against applicant.

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Learned A.G.A. has opposed the application and submitted that applicant is husband of daughter of informant and there are clear allegations that victim was harassed by the applicant and his

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family members on account of dowry and she was also assaulted by them. It was submitted that in view of allegations levelled in the first information report and the material collected during investigation, a prima facie case is made out against applicant. It was further submitted that case relates to the year 2019 and charges have also been framed and case is pending at the stage of evidence.

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I have considered the rival submissions and perused the record.

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The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgement reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. In this connection, a reference may also be made to the case of R. Kalyani vs. Janak C. Mehta and Others, 2009 (1) SCC 516, Rupan Deol Bajaj vs. K.P.S. Gill (1995) SCC (Cri) 1059, Rajesh Bajaj vs. State of NCT of Delhi, (1999) 3 SCC 259 and Medchl Chemicals & Pharma (P) Ltd vs. Biological E Ltd. & Ors, 2000 SCC (Cri) 615 . It has been held that if a prima facie case is made out disclosing ingredients of the offence, court should not quash the charge sheet/complaint. It is equally well settled that at this stage questions of fact cannot be

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examined and a mini trial cannot be held.

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In the instant matter, there are allegations that the victim was harassed by the applicant on account of dowry. Applicant is husband of informant. Considering the allegations made in the first information report and the material collected during investigation, it cannot be said that no prima facie case is made out against the applicant. Further, charges have already been framed and case is pending at the stage of evidence. The order of charge is not being impugned in the present application. The submissions raised by learned counsel for the applicant call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In the instant matter, in view of allegations made in the first information report and the material collected during investigation, no case for quashing of impugned proceedings is made out and the present application u/s 482 Cr.P.C. is liable to be dismissed.

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The instant application u/s 482 Cr.P.C. is hereby dismissed .

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Order Date :- 22.7.2024 S Rawat

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Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad

Suresh Yadav v. State of U.P. and Another

Case brief

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Suresh Yadav v. State of U.P. and Another

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