Allahabad High Court
Akhilesh Gupta vs State Of U.P. And Another on 19 January, 2021
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Court No. - 80
Case :- APPLICATION U/S 482 No. - 1245 of 2021
Applicant :- Akhilesh Gupta
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Prashant Shukla,Nihar Ranjan Singh
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
The present application under Section 482 Cr.P.C. has been filed for quashing the proceedings of Complaint Case No. 1147 of 2018 (Gyan Prakash Vs. Akhilesh Gupta) under Sections 406, 419, 420 I.P.C. Police Statiion Kydganj, District Allahabad pending in the Court of Additional Chief Judicial Magistrate-5, Allahabad.
Heard learned counsel for the applicant and learned A.G.A.
It has been argued by learned counsel for the applicant that applicant is innocent and he has been falsely implicated in the instant case and that the complaint of impugned case has been filed on false and baseless allegations. It was submitted that applicant had issued four cheques of Rs. 5 lacs each in favour of the opposite party no.2 and in that connection, the opposite party no.2 has already filed a case under Section 138 of Negotiable Instruments Act and thus no case is made out against the applicant. It was further submitted that opposite party no.2 has concealed the material facts and that the impugned complaint was filed only to harass the applicant. Learned counsel has further submitted that no prima facie case is disclosed against the applicant, therefore the impugned proceedings are liable to be quashed.
Per contra, learned A.G.A. has opposed the application and argued that allegations made in the complaint makes out a prima facie case against the applicant, hence the impugned proceedings are not liable to be quashed.
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/ charge sheet 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/ complaint may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C.. If a prima facie case is made out disclosing the ingredients of the offence alleged against the accused, the Court cannot quash a criminal proceeding. 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.
In the instant matter perusal of record shows that there are allegations against the applicant that he has purchased a residential house against the sale consideration of Rs. 90 lacs, out of which Rs.70 lacs was paid by the applicant and that applicant took Rs. 20 lacs from the opposite party no.2 by executing a document that opposite party no.2 may occupy two rooms in the said premises and he will vacate the same only after payment of Rs. 20 lacs is made to him by application. The applicant has issued four cheques in favour of opposite party no.2 against that payment but when the opposite party no.2 presented the said cheques in the bank, the applicant got stopped the payment and resultantly the cheques were dishonoured and when the opposite party no.2 demanded the amount, the applicant has abused and assaulted him and forcibly took over the possession of that part of the premises which was in occupation of the opposite party no.2. There were also allegations that applicant had snatched a chain and cash from the opposite party no.2 and thus in view of allegations material on record, a prima facie case is made out. 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 credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
After considering arguments raised by the learned counsel for parties and perusing the impugned complaint and the materials 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 CrPC. This Court cannot hold a parallel trial in an application under Section 482 Cr.P.C. Considering material on record and position of settled law as laid down in case of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another 2005 SCC (Cr.) 283 as well as recent case of Apex Court in Rajeev Kourav V Bhaisahab & Ors (Criminal Appeal No.232 of 2020), decided on 11.02.2020, no case for quashing of proceedings is made out.
Accordingly, the prayer as sought by applicant is refused.
However, keeping in view the facts of the matter and impact of Covid-19 Pandemic, it is directed that in case applicant appears and surrenders before the Court below and applies for bail within a period of 45 days from today, his bail application shall be considered and decided expeditiously in accordance with settled law. For a period of 45 days from today or till the applicant surrender before the Court below, whichever is earlier, no coercive action shall be taken against the applicant.
With the aforesaid direction, the application is disposed of finally.
Order Date :- 19.1.2021
S.Ali
