Prem Narayan Dwivedi vs State Of U.P. And Another
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Allahabad High Court

Prem Narayan Dwivedi vs State Of U.P. And Another on 5 February, 2024

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2024:AHC:19159
 
Court No. - 92
 

 
Case :- APPLICATION U/S 482 No. - 37418 of 2023
 

 
Applicant :- Prem Narayan Dwivedi
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Gopal Khare
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Prashant Kumar,J.
 

1. Heard Sri Gopal Khare, learned counsel for the applicant, Sri S.D. Pandey, learned A.G.A. for the State-O.P. no.1 and perused the record.

2. The present application under Section 482 Cr.P.C. has been filed by the applicant praying for quashing order dated 18.5.2022 passed by Additional Sessions Judge/F.T.C. Room No.1 in S.T. No.50 of 2017 (State vs. Prem Narayan and another) arising out of Case Crime No.697 of 2016 under Sections 498A, 304B of IPC and Section 3/4 of D.P. Act, Police Station-Dhoomanganj, District-Prayagraj pending in the Court of District and Sessions Judge, Allahabad.

3. An FIR was lodged by informant/O.P. no.2 on 9.10.2016 against the husband(applicant herein) and in-laws of the daughter of O.P. no.2 wherein allegation was levelled against them for causing death of informant's daughter on account of dowry demand. As per FIR, marriage of daughter of informant/O.P. no.2 was solemnized with the applicant on 16.2.2016 in which cash Rs.10 lacs and one motorcycle were given. After marriage, when the girl went to her matrimonial home, she was subjected to various kinds of cruelty by her husband and in-laws as they were not satisfied with the dowry and were raising an additional demand of cash Rs.5 lacs and one car. The informant tried to pacify the matter on various occasions but it went in vain and at last, his daughter was found dead at her matrimonial home.

4. Learned counsel for the applicant submits that in the aforesaid case registered against the applicant and his family members under Sections 498A, 304B of IPC and Section 3/4 of D.P. Act, charge-sheet was filed on 18.12.2016 and summons were also issued. The applicant had moved discharge application before the concerned trial court, which has been rejected vide order dated 18.5.2022 and the same is under challenge in this application. He further submits that the applicant had never committed any offence as alleged against him and has been falsely implicated in this case. He submits that the actual fact is that the deceased was having love affair with some other person and had married the applicant out of pressure of her parents. He further submit that the trial court had rejected the discharge application of the applicant in a very mechanical manner, and had not appreciated the evidence available on record in its right perspective. As such, the impugned order is liable to be quashed allowing this application.

5. Per contra, learned A.G.A. vehemently opposes the application and submits that it is a matter of dowry death and the applicant is the husband. He further submits that it is an old matter wherein summons were issued way back in 2016, but quite surprisingly the order sheets of the trial court had not been made part of the record. Besides this, there is no mention in the application regarding the current stage of the trial. He further contends that it is a case where there is serious allegation against the applicant and his family members of causing death of a newly married girl by hanging due to non-fulfillment of of dowry demand, as such, no interference is required by this Court. He submits that while exercising its jurisdiction under Section 482 Cr.P.C., this Court cannot look into and decide the disputed questions of fact, rather the same has to be gone into by the Court below during trial of the case. It is further submitted that the Court below has rightly passed the impugned order and no interference is required by this Court in the impugned order as well as the on going proceedings.

6. From the perusal of material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court.

7. Hon'ble Supreme Court in the matter of State of Haryana Vs. Bhajan Lal 1992 Supp (1) SCC 335 has laid down the guidelines under which circumstances the Court should, in its inherent power, entertain an application under Section 482 Cr.P.C. The guidelines are as follows:-

"(i) Where the allegations made in the first information report or the complaint, even if they are 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.

(ii) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code.

(iii) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused.

(iv) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code.

(v) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused.

(vi) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the Act concerned, providing efficacious redress for the grievance of the aggrieved party.

(vii) Where a criminal proceeding is manifestly attended with mala fides and/or where the proceeding is 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."

8. Further, the Hon'ble Supreme Court in the cases of M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra, AIR 2021 SC 1918, R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192, and lastly, Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283 has held that only those cases in which no prima facie case is made out can be considered in an application under Section 482 Cr.P.C.

9. The instant application does not fall under the guidelines laid down by the Hon'ble Supreme Court in the judgments mentioned above, and followed in a number of matters. Moreover, the facts as alleged cannot be said that, prima facie, no offence is made out against the applicant. It is only after the evidence and trial, it can be seen as to whether the offence, as alleged, has been committed or not.

10. Hence, the instant application filed under Section 482 Cr.P.C. cannot be entertained and is, accordingly, dismissed.

Order Date :- 5.2.2024

Manish Himwan