Application for quashing criminal proceedings under Section 482 Cr.P.C. was dismissed as cognizable offences were made out. The court allowed liberty to move for bail, directing disposal in light of Satender Kumar Antil guidelines.
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Neutral Citation No. - 2024:AHC:150950
Court No. - 89
Case :- APPLICATION U/S 482 No. - 29153 of 2024
Applicant :- Chandrawati And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Malviya,Rishi Kesh Malviya Counsel for Opposite Party :- G.A.
Hon'ble Ram Manohar Narayan Mishra,J.
Head learned counsel for the applicants and learned A.G.A. for the State-respondent and perused the material available on record.
By means of instant application under Section 482 Cr.P.C. the applicants have prayed for quashing the entire criminal proceedings of Case No. 12 of 2024, arising out of Case Crime No.266 of 2022, under Sections 323, 506 IPC, Police Station Sadabad Kotwali, District Hathras as well as chargesheet No.156 of 2023 dated 22.05.2023, cognizance order dated 06.01.2024 passed by learned Chief Judicial Magistrate, Hathras.
Learned counsel for the applicant submits that FIR in this case has been lodged on the basis of matrimonial dispute between the applicant No.1 and brother of respondent No.2 namely Tara Chand. The FIR in this case was lodged at the instance of the informant only to settle the score with applicant No.1 in matrimonial dispute.
Per contra, learned A.G.A. submits that the offence is clearly made out on the basis of material on record.
The proceedings of the case cannot be quashed in light of the decision of the Hon'ble Apex Court in Ramveer Upadhyay Vs. The State of U.P. in Special Leave Petition (Criminal) No.2953 of 2022; Dr. Monica Kumar and another Vs. State of U.P. and Others 2008 (8) SCC 781; Raj Kapoor And others Vs State and others 1980(1) SCC 43; Madhavrao Jiwaji Rao Scindia & another Etc Vs Sambhajirao Chandrojirao Angre & others 2010 (6) SCC 588; State Of Haryana And others Vs Ch. Bhajan Lal and others 1998 (Supp) (1) SCC 335 and M/S Neeharika, Infrastructure Pvt. ...Vs The State Of Maharashtra 2020 (10) SCC 180.
Considering the guidelines laid down by Supreme Court in aforesaid cited cases and the facts of the case, it cannot be held that no cognizable offence is made out against the applicant. Therefore, the prayer for quashing of criminal proceedings pursuant to chargesheet filed in the case cannot be granted, in exercise of extraordinary power provided under Section 482 Cr.P.C.
The instant application under Section 482 Cr.P.C. is dismissed accordingly. As the offence carries punishment less than seven years of imprisonment, the applicant is at liberty to move bail application before the court below within one month and his bail application shall be disposed of in light of the direction of the Hon'ble Apex Court in Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773.
Order Date :- 17.9.2024 Ashish/-
Digitally signed by :- ASHISH KUMAR SINGH High Court of Judicature at Allahabad
2 issues framed by the court
Whether the complaint discloses cognizable offences requiring criminal proceedings to be quashed.
Whether the bail application should be entertained given the nature of the offence.
Colour shows how this judgement treated each authority
Ramveer UpadhyayReferred¶10
Ramveer Upadhyay Vs. The State of U.P. in Special Leave Petition (Criminal) No.2953 of 2022
Dr. Monica KumarReferred¶10
Dr. Monica Kumar and another Vs. State of U.P. and Others 2008 (8) SCC 781 · Who else cites this
Raj KapoorReferred¶10
Raj Kapoor And others Vs State and others 1980(1) SCC 43 · Who else cites this
Madhavrao Jiwaji Rao ScindiaReferred¶10
Madhavrao Jiwaji Rao Scindia & another Etc Vs Sambhajirao Chandrojirao Angre & others 2010 (6) SCC 588 · Who else cites this
State of HaryanaReferred¶10
State Of Haryana And others Vs Ch. Bhajan Lal and others 1998 (Supp) (1) SCC 335 · Who else cites this
M/S Neeharika, Infrastructure Pvt. Ltd.Referred¶10
M/S Neeharika, Infrastructure Pvt. ...Vs The State Of Maharashtra 2020 (10) SCC 180 · Who else cites this
Satender Kumar AntilReferred¶12
Satender Kumar Antil Vs. Central Bureau of Investigation and another, (2021) 10 SCC 773 · Who else cites this
2 provisions across 2 enactments
Chandrawati And 3 Others
Ram Manohar Narayan Mishra
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
