Dismissed

Shanker Singh Alias Khemendra Adn 2 Others v. State of U.P. and Another

Allahabad HC18 Sept 2024A482/28131/2024

Case brief

AI extract

What is this about?

The High Court of Judicature at Allahabad dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings in a matrimonial dispute. The court held that the allegations of dowry harassment and assault disclosed a prima facie case against the husband and in-laws.

What did the court decide?

The petition for quashing of proceedings under Section 482 Cr.P.C. is dismissed.

Shanker Singh Alias Khemendra Adn 2… — Constitutional and Fundamental Rights | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:151841

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Court No. - 76

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Case :- APPLICATION U/S 482 No. - 28131 of 2024

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Applicant :- Shanker Singh Alias Khemendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalpana Singh,Preet Pal Singh Rathore 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 applicants and learned A.G.A. for the State.

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This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including charge-sheet dated 29.11.2023 and cognizance/summoning order dated 27.05.2024, of Case No. 35258 of 2024, arising out of case crime no. 67 of 2023, under Sections 498A, 323, 506 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Firozabad, pending in the court of Civil Judge (J.D.)/F.T.C. No. 2, Firozabad.

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It has been argued by learned counsel for the applicants that applicants are innocent and no prima facie case is made out against them. The marriage of informant with applicant no. 1 has taken place on 02.05.2023. The allegations of dowry demand and harassment of informant levelled against the applicants are wholly false. In the first information report it was also alleged that applicant no. 1 was not physically fit to consummate the marriage and it appears that this is the main cause of dispute. It was submitted that the first information report was lodged at police station Mahila Thana in district Firozabad, whereas no cause of action has arisen there as the entire incident took place in district Agra and thus, the trial court has no jurisdiction to take cognizance and summon the applicants. It was submitted that in view of the

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aforesaid facts, the impugned proceedings are liable to be quashed.

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Learned A.G.A. has opposed the application and argued that the marriage of informant with applicant no. 1 has taken place only about a few months prior to lodging of the first information report. In the first information report, the informant has made clear allegations that after marriage, she was harassed by the accused persons on account of dowry and they used to demand Rs. 10 lacs for purchasing a car and that on 11.08.2023 she was assaulted by the accused persons and later on she was left at Sirsaganj Bus Stand. It was further submitted that in view of the allegations made in the first information report and the material collected during investigation, a prima facie case is made out against the applicants.

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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

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(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 perusal of record shows that applicants are husband, father-in-law and mother-in-law of informant. The marriage of informant with applicant no. 1 has taken place on 02.05.2023. The informant has made clear allegations that after her marriage, she was continuously harassed by the accused persons on account of dowry and they used to demand Rs. 10 lacs for purchasing a car. She has further alleged that on 11.08.2023 she was assaulted by the accused persons and later on she was forcibly left at Bus Stand. In view of the allegations made in the first information report and in the statements of witnesses, it cannot be said that no prima facie case is made out against the applicants. Merely because the informant has also alleged that her husband was not physically fit to consummate the marriage, the impugned proceedings are not liable to be quashed. Similarly, the allegation that the alleged incident took place in the area of district Agra and the first information report was lodged in district Firozabad, where the informant resides along with her parental family, can be considered by the trial court at the appropriate stage. The submissions raised by learned counsel for the applicants 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. Considering entire facts, no case for quashing of

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impugned proceedings is made out and the instant application u/s 482 Cr.P.C. is liable to be dismissed.

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The application u/s 482 Cr.P.C. lacks merit and the same is hereby dismissed .

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Order Date :- 18.9.2024 Anand

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Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad

Shanker Singh Alias Khemendra Adn 2 Others v. State of U.P. and Another

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Shanker Singh Alias Khemendra Adn 2 Others v. State of U.P. and Another

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