This judgment refuses to quash criminal proceedings after cognizance and charge-sheet filing. Instead, the court grants thirty days to apply for discharge based on investigation material while prohibiting coercive action.
Prayer for quashin granted; direction to approach for dismissal and time granted thirty days to approach for discharge.
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Neutral Citation No. - 2024:AHC:130047
Court No. - 82
Case :- APPLICATION U/S 482 No. - 25273 of 2024
Applicant :- Somveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.
Hon'ble Subhash Chandra Sharma,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
The present application has been filed by the applicant with prayer to quash the entire proceeding in Criminal Case No. 564 of 2024 (Old No. 20877 of 2022) arising out of Case Crime No. 773 of 2021, under Sections 323, 504, 506 IPC, Police Station Kaushambi, District Ghaziabad including the cognizance order dated 21.5.2022, pending before the court of learned Chief Judicial Magistrate, Ghaziabad.
Learned counsel for the applicant submitted that applicant is husband of informant who lodged an F.I.R. against him with false allegations of marpeet or insult with intimidation. During the course of investigation no any material was found to constitute the offence as alleged in the F.I.R. Further submitted that there was compromise between the husband and wife regarding which he submitted compromise to the Investigating Officer but he has filed charge sheet without considering compromise between both of them, therefore, request to quash the entire proceeding of the case including charge sheet and order of cognizance.
Learned A.G.A. opposed the prayer as aforesaid.
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, it appears that there is allegations of marpeet, abuse and threatening against him and charge sheet has also been filed by the Investigating Officer before the learned trial court. On the basis of which cognizance was taken against the applicant. At this stage, the veracity of the allegations and material collected during the course of investigation cannot be decided and tested but it would be possible only during the course
of trial. Applicant may have an option to move for discharge before the learned court concerned at the appropriate stage. As a result prayer for quashing the entire proceedings of the case is hereby refused.
However the applicant may have an option to move for discharge before the learned court concerned within a period of 30 days from today with his submissions that will be considered and disposed of according to law on the basis of material collected during investigation. In the meantime, no coercive action shall be taken against him.
Accordingly, present application is disposed of finally.
Order Date :- 12.8.2024 Anurag Singh
Digitally signed by :- ANURAG SINGH High Court of Judicature at Allahabad
3 issues framed by the court
Whether an application under Section 482 CrPC to quash entire criminal proceedings can be allowed where a charge sheet has been filed and cognizance taken.
The propriety of granting an option to the applicant to file for discharge within a specified period instead of quashing proceedings.
Whether pending compromises between parties affect the stage-appropriateness of quashing proceedings post-cognizance.
Somveer Singh
Subhash Chandra Sharma
As recorded by the court registry
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