Disposed

Avinash Singh and 2 Others v. State of U.P. and Another

Allahabad HC16 Jul 2024A482/21495/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. to quash proceedings and charge-sheet in dowry harassment case. Court declined to quash, finding prima facie allegations, and directed the applicants to surrender to seek bail.

What did the court decide?

Application refused; applicants directed to surrender within three weeks to seek bail; no coercive action during this period.

Avinash Singh and 2 Others vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:118943

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 21495 of 2024

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Applicant :- Avinash Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Singh Counsel for Opposite Party :- Arunesh Kumar Singh,G.A.

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Hon'ble Raj Beer Singh,J.

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Heard learned counsel for the applicants, learned counsel for opposite party no. 2 and learned A.G.A. for the State.

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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 01.12.2023 and cognizance/summoning order dated 24.01.2024, of Case No. 11994 of 2024, arising out of case crime no. 437 of 2023, under Sections 498A, 323, 354, 354-B, 504 IPC and Section 3/4 of D.P. Act, P.S. Lanka, District Varanasi, pending in the court of A.C.J.M., Court No. 3, Varanasi.

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It has been argued by learned counsel for the applicants that the first information report of this case has been lodged making false and baseless allegations and that no prima facie case is made out against the applicants. Earlier the informant has lodged a first information report on 25.01.2021 making false allegations of dowry demand and harassment but later on she has left the matrimonial home and deserted applicant no. 1 and in that connection applicant no. 1 has issued a legal notice and one notice was also sent through whatsapp. After that first information report of this case has been lodged on 29.10.2023. It was further submitted that no prima facie case is made out against the applicants and the impugned proceedings are liable to be quashed.

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Learned A.G.A. and learned counsel for opposite party no. 2 have opposed the application and argued that in view of the allegations levelled in the first information report and the material collected during investigation, prima facie a

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case is made out against the applicants. It was further submitted that the informant was being harassed since long and earlier she has lodged first information report on 25.01.2021 but after that matter was settled but she was again harassed by the applicants on account of dowry. It was also submitted that there are specific allegations against all the applicants.

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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 wellsettled 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 examined and a mini trial cannot be held.

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In the instant matter, there are allegations that the informant was harassed by the accused persons on account of dowry. The applicants are husband, father-in-law and mother-in-law of informant. Considering the allegations made in the first information report and the material collected during investigation, it cannot be said

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that no prima facie case is made out against the applicants. The submissions raised by learned counsel for the applicants 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. Hence, the prayer as made above is hereby refused.

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However, considering the facts of the matter, it is directed that in case, applicants appear/surrender before the trial court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants appear/surrender before the trial court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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With the aforesaid observations, the instant application u/s 482 Cr.P.C. is finally disposed of.

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Order Date :- 25.7.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Avinash Singh and 2 Others v. State of U.P. and Another

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Avinash Singh and 2 Others v. State of U.P. and Another

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