Dismissed

Mohammad Saif v. State of U.P. and Another

Allahabad HC26 Jul 2024A482/22707/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed an application under Section 482 Cr.P.C. filed by a husband to quash proceedings against him for alleged dowry harassment. The court held that factual averations required trial and a prima facie case existed against the applicant.

What the court decided

AI extract

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

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Neutral Citation No. - 2024:AHC:119706

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 22707 of 2024

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Applicant :- Mohammad Saif Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Yadav 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 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 cognizance/summoning order dated 03.05.2024, of Case No. 363 of 2024 (State Vs. Mohammad Saif and others), arising out of Case Crime No. 374 of 2023, under Sections 498A, 342, 323, 506 IPC, Section 3/4 of D.P. Act, P.S.- Pawai, District- Azamgarh, pending in the court of Judicial Magistrate/F.T.C. Women, Azamgarh.

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It has been submitted by learned counsel for the applicant that applicant is husband of informant and their marriage has taken place on 18.08.2022. The allegations of demand of Rs. 5 lakhs and harassment of informant on account of dowry, are wholly false. It was submitted that in fact a case of cow slaughter is pending against applicant and due to that reason, the informant did not want to live with him and she has lodged First Information Report making false and baseless allegations. The informant has alleged that she was assaulted by the applicant but no medical examination of informant has been conducted. It was submitted that no prima facie case is made out against the applicant.

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Learned A.G.A. has opposed the application and submitted that applicant is husband of informant and in view of allegations levelled in the FIR against the applicant and material collected during investigation, a prima-facie case is made out against the applicant.

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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 examined and a mini trial cannot be held.

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In the instant matter, it may be seen that applicant is husband of informant. The informant has alleged that applicant has harassed her on account of dowry and he has kept her confined for one week and assaulted her. 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, it cannot be said that no prima facie case is made out against the applicant. Hence, the present application under Section 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 :- 26.7.2024 SP/-

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Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad

Mohammad Saif v. State of U.P. and Another

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Mohammad Saif v. State of U.P. and Another

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