Dismissed

Rinku and 3 Others v. State of U.P. and Another

Allahabad HC1 Aug 2024A482/23768/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. to quash criminal proceedings, the Allahabad High Court refused the prayer. The court held there was no ground to grant indulgence and noted the applicants could move for discharge at the appropriate trial stage.

What did the court decide?

Prayer for quashing the entire proceedings of the case is refused and the application is disposed of finally.

Rinku and 3 Others vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:123486

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Court No. - 82

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Case :- APPLICATION U/S 482 No. - 23768 of 2024

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Applicant :- Rinku And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Ji Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Subhash Chandra Sharma,J.

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Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

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The present application u/s 482 Cr.P.C. has been filed by the applicants with prayer to allow the application and quash the entire proceedings of Case No. 10704 of 2023 arising out of Case Crime No. 51 of 2023, under Section 323 IPC, Police Station Chilkana, District Saharanpur including summoning order 19.09.2023 passed by learned Judicial Magistrate-II, Saharanpur.

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It is submitted by learned counsel for the applicants that in this case, they are innocent and have not committed any offence. N.C.R. was lodged after six days of the alleged incident and injuries said to be caused on the person of the injured Prabhat are simple in nature. Further submitted that there is no sufficient material to substantiate the allegation of marpeet between the applicants and the injured. Without collecting sufficient evidence, charge sheet was filed by the Investigating Officer before the learned court on the basis of which cognizance of the offence was taken which cannot be said to be lawful, therefore, request to quash the entire proceedings of the case.

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Learned A.G.A. opposed the prayer as aforesaid and contended that in this case, the injured/informant sustained six injuries on his person and was medically examined. Allegation regarding marpeet between the parties, gets support with the injury report. Sufficient material was collected by the Investigating Officer during the course of investigation and then submitted charge sheet and the learned trial court also took cognizance of the offence which cannot be said to be illegal. Further contended that applicants have an option to move discharge application before the learned court with their prayer at appropriate stage. Hence this application being devoid of merit is liable to be dismissed.

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Considering the facts and circumstances of the case and submissions made by learned counsel for parties and material on record, there appears no any ground to grant any indulgence in favour of the applicants. As a result prayer for quashing the entire proceedings of the case is hereby refused. There is an option to the applicants to move for discharge before the learned court concerned at the appropriate stage with their submissions that will be considered on the basis of material on record.

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Accordingly, the present application is disposed of , finally.

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Order Date :- 1.8.2024 Anurag Singh

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Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad

Rinku and 3 Others v. State of U.P. and Another

Case brief

What is this about?

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Rinku and 3 Others v. State of U.P. and Another

Case brief

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