Application under Section 482 CrPC to quash proceedings in a family-partition-related assault and molestation case. The court found evidence was collected and cognizance properly taken, refused relief, and noted applicants may seek discharge before the trial court.
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Neutral Citation No. - 2024:AHC:119693
Court No. - 82
Case :- APPLICATION U/S 482 No. - 22749 of 2024
Applicant :- Ramji Sahu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Kumar Mishra,Satyendra Kumar Mishra
Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicants as well as learned A.G.A. for the State and perused the material on record.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Criminal Case No.46 of 2024 (State vs. Ramji Sahu) arising out of Case Crime No.408 of 2021, under Sections 323, 452, 504, 506 & 354A I.P.C., Police Station George Town, District Prayagraj pending in the court of Additional Chief Judicial Magistrate, Court No.7 and charge sheet dated 30.09.2022 in the aforesaid.
It is submitted by learned counsel for the applicants that in this case the applicants and the informant side are members of the same family and live in the same house. There is dispute regarding partition of house regarding which there is litigation pending between the parties. For making pressure on the applicants present F.I.R. has been lodged with false allegations for making assault, committing marpit and for molestation. Further submitted that the incident is said to have taken place on 17.11.2022 and medical report was also prepared on the same day but injuries have been shown to be caused within 2 days which show that injuries were old. There is no any public witness to support the prosecution version. The I.O. did not collect sufficient evidence and filed charge sheet and the learned court also took cognizance of the offences without applying its judicial mind, therefore, request to quash the entire proceedings of the case including charge sheet and order of cognizance.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case there is allegation of marpit between the parties in which injuries were sustained by Komal Sahu. The statement of the injured was also recorded u/s 164 Cr.P.C. before the learned
Magistrate in which she supported the allegation as made in the F.I.R. and the injury sustained by her also corroborate her allegation. At this stage, the statement of the witnesses cannot be said to be false but this can only be decided during the course of trial. Further contended that applicants may have an option to move application for discharge before the learned court concerned at appropriate stage. Therefore, there is no illegality in the order but this application being devoid of merit is liable to be dismissed.
Considering the facts and circumstances of the case, submissions made by learned counsel for the parties and from perusal of record, it appears that during investigation sufficient evidence was collected by the I.O. and charge sheet was submitted. On the basis of material on record learned court concerned took cognizance of the offences by applying its judicial mind. There is no illegality and impropriety in the impugned order. The reliability of statement of witnesses can only be tested during trial but not at this stage before this Court. There appears no any other ground for granting indulgence in favour of the applicants, therefore, prayer in this regard is hereby refused. Further applicants may have an option to move application for discharge before the court concerned with their submissions and the same shall be decided by it, in accordance with law.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 26.7.2024 Ashok Gupta
Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad
2 issues framed by the court
Whether the criminal proceedings and charge sheet arising from a family dispute should be quashed under Section 482 CrPC.
Whether the cognizance taken by the trial court without sufficient evidence was illegal.
3 provisions across 2 enactments
Ramji Sahu And 3 Others
State of U.P.
Another
Subhash Chandra Sharma
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
