Allahabad High Court
Haidar And 5 Others vs State Of U.P. And Another on 6 November, 2024
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:173682
Court No. - 75
Case :- APPLICATION U/S 482 No. - 20174 of 2024
Applicant :- Haidar And 5 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Umair Mahmood
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants and learned A.G.A. for the State.
2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 07.05.2024, of Complaint Case No. 289 of 2023, under Sections 354(B), 452, 323, 504, 506 I.P.C., Police Station Kotwali Dehat, District Bijnor, pending in the court of A.C.J.M., Court No. 1, Bijnor.
3. It has been argued by the learned counsel for the applicants that the impugned complaint has been filed making false and baseless allegations and that the impugned summoning order was passed in a routine manner without assigning any reason. There are material contradictions between the contents of complaint and statement of complainant, recorded under Section 200 Cr.P.C. Only general allegations have been levelled against all the applicants. Referring to the facts of the matter, it was submitted that no prima facie case is made out against the applicants.
4. Learned A.G.A. has opposed the application and submitted that 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, examined under Section 202 Cr.P.C., a prima facie case is made out against the applicants.
5. I have considered viral submissions and perused the record.
6. 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.
7. In the instant matter perusal of record shows that the complainant/opposite party no. 2 has filed the complaint, alleging that on 23.10.2023 at about 11:00 AM applicants abused her and they trespassed into her house and assaulted her and when her husband and daughter tried to intervene, they were also assaulted and that ear-rings of the complainant were snatched. The complainant has also supported this version in her statement, recorded under Section 200 Cr.P.C. The version of complainant is further supported by witnesses, examined under Section 202 Cr.P.C. It is well settled that at the stage of summoning, the Magistrate is not required to record detailed reasons. The submissions raised by learned counsel for the applicants 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.
8. After considering arguments raised by 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 Cr.P.C. Accordingly the prayer for quashing the impugned complaint and summoning order is hereby refused.
9. However, it is directed that in case applicants move an application for discharge within a period of three weeks from today, the same shall be considered and decided expeditiously in accordance with law.
10. The application u/s 482 Cr.P.C. is finally disposed of in above terms.
Order Date :- 6.11.2024
Anand
