Applicant sought quashing of criminal proceedings under Sections 323, 341, 504, 506, 406 IPC arising from a matrimonial dispute with his informant wife. The court found no ground for indulgence, refused the quashing prayer, and permitted a discharge application before the trial court.
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Neutral Citation No. - 2024:AHC:143675
Court No. - 82
Case :- APPLICATION U/S 482 No. - 23945 of 2024
Applicant :- Rama Shankar Alias Ram Shankar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gyanendra Kumar Mishra,Ramesh Kumar Mishra Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Supplementary affidavit filed today is taken on record.
Heard learned counsel for the applicant 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 allow this application and to quash the entire criminal proceeding of Criminal Case No. 9449 of 2023 (State Vs. Urmila Devi @ Darshni Devi & others) arising out of Case Crime No. 0073 of 2022, under Sections 323, 341, 504, 506, 406 I.P.C., Police Station-Chauri, District-Bhadohi bearing Charge Sheet No. A26/2023 dated 01.04.2023 pending in the court of Additional Civil Judge (J.D.) 1st Magistrate, Bhadohi, Gyanpur as well as impugned cognizance/summoning order dated 05.05.2023.
It is submitted by learned counsel for the applicant that in this case the applicant is husband of informant Smt. Anita Devi. It is further submitted that main allegation is against Urmila Devi, who is mother of the present applicant. It is also submitted that false allegation regarding preparing Aadhar Card and receiving of pension has been made against Urmila Devi, not against the present applicant. It is also submitted that the present applicant is retired from B.S.F. and now getting pension. The informant having five children, is receiving maintenance from the applicant. She is living in the house of the applicant and also cultivating the land. Even though she is making harassment of the applicant and other members of his family. During the course of investigation no proper material was collected by the I.O., but charge sheet was filed against him. Learned court also took cognizance on the basis of charge sheet, which is clear misuse of process of the court. Other accused persons named in the F.I.R. have filed similar application before this Court in which notices have been issued,
therefore, request to quash the entire proceeding of the case.
Learned A.G.A. opposed the prayer as aforesaid and contended that in this case main allegation is against the present applicant, who is husband of the informant. On account of dispute between applicant and his wife, other members of the family are also suffering. There is allegation against the applicant that the informant and her five children are being harassed by him. During the course of investigation proper material was collected by the I.O. and then charge sheet was filed. It is also contended that the applicant may have an option to move application for discharge before the learned court concerned at appropriate stage.
On considering the facts and circumstances of the case, submissions made by learned counsel for the applicant as well as learned A.G.A., perusal of record, the charge sheet and the order passed by learned court concerned, there appears no ground for granting indulgence in favour of the applicant, therefore, prayer for quashing of entire proceeding of the case is hereby refused. Further applicant may have an option to move application for discharge before the learned court concerned at appropriate stage, which shall be heard and decided by the learned court on the basis of material collected by the I.O. during the course of investigation, in accordance with law by permitting the applicant to appear through counsel till disposal of the application.
Accordingly, this application u/s 482 Cr.P.C. is disposed of finally.
Order Date :- 4.9.2024 Sunil Kr. Gupta
Digitally signed by :- SUNIL KUMAR GUPTA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the entire criminal proceeding and cognizance/summoning order against the applicant should be quashed under Section 482 Cr.P.C.
6 provisions across 2 enactments
Rama Shankar Alias Ram Shankar
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
