Dismissed

Adarsh Kumar v. State of U.P. and Another

Allahabad HC11 Dec 2024A482/31000/2024

Case brief

AI extract

What is this about?

The Allahabad High Court dismissed the applicant's application under Section 482 Cr.P.C. for quashing criminal proceedings. The court held that the case involves factual questions and appreciation of evidence unsuitable for quashing under inherent powers, referencing Ch. Bhajan Lal.

What did the court decide?

The application for quashing the complaint and summoning order is dismissed.

Adarsh Kumar vs State of U.P. and Another — Writ and Judicial Review | Allahabad HC (2024)

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Neutral Citation No. - 2024:AHC:193852

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Court No. - 75

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Case :- APPLICATION U/S 482 No. - 31000 of 2024

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Applicant :- Adarsh Kumar Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Khurshida Bano,Sabhajeet Yadav 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 applicant 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 summoning order dated 29.08.2019, of Complaint Case No. 6601 of 2018, under Sections 323, 504, 354 I.P.C., Police Station Barkheda, District Pilibhit, pending in the court of A.C.J.M., Court No. 1, Pilibhit.

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It has been argued by the learned counsel for the applicant that no prima facie case is made out against the applicant. The impugned complaint has been lodged making false and baseless allegations. Earlier in the year 2013 the father of applicant has lodged a non-cognizable report against the husband of the opposite party no. 2/complainant and others and thereafter the impugned complaint was lodged by the complainant as a counterblast to that case. In the case pertaining to non-cognizable report, the accused persons have already been acquitted. There are contradictions in the statements of complainant and of witnesses, recorded under Sections 200 and 202 Cr.P.C. Referring to the facts of the matter, it was submitted that no prima facie case is made out against the applicant.

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Learned A.G.A. has opposed the application and submitted that

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in view of the allegations made in the complaint and in the statement of complainant, recorded under Section 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., a prima facie case is made out against the applicant.

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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 judgment 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.

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In the instant matter perusal of record shows that the complainant has made clear allegations that the applicant and coaccused have trespassed into her house and they have abused and assaulted her and that applicant has hit at her private part. The version of complainant is supported by witnesses, examined under Section 202 Cr.P.C. The submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and

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credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C.

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After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the material in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section 482 Cr.P.C. The instant application under Section 482 Cr.P.C. lacks merit and the same is liable to be dismissed.

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The application under Section 482 Cr.P.C. is hereby dismissed . Order Date :- 11.12.2024 Anand

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

Adarsh Kumar v. State of U.P. and Another

Case brief

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Adarsh Kumar v. State of U.P. and Another

Case brief

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