Allahabad High Court
Sushila Devi And 4 Others vs State Of U.P. And Another on 7 November, 2024
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:175081
Court No. - 75
Case :- APPLICATION U/S 482 No. - 23677 of 2024
Applicant :- Sushila Devi And 4 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Shiv Naresh
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for applicants and the 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 06.03.2024, of Case No. 83 of 2021 (Shiv Bahadur Vs. Sushila Devi and Others), under Sections 323, 452, 504, 506 I.P.C., Police Station Rampur, District Jaunpur, pending in the court of Additional Chief Judicial Magistrate, Vth, Jaunpur.
3. It has been submitted by learned counsel for the applicants that applicants are innocent and no case is made out against them. Earlier, the applicant no. 1 has lodged a complaint against the opposite party no. 2 and others regarding an incident dated 24.09.2021 and in that incident four persons have sustained injuries from the side of applicants. After that the impugned complaint has been filed by opposite party no. 2 as a counterblast. In the alleged incident no one has sustained any injury. Referring to facts of the matter, it was submitted that the impugned proceedings are mala fide and thus, liable to be quashed.
4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and statements of witnesses, a prima facie case is made out against the applicants.
5. I have considered the rival 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, the informant has made allegations that on 24.09.2021 at 11:00 A.M. the applicants armed with stick and spade (favda) came at the house of complainant and assaulted his family members including his wife. The complainant has supported the said version in his statement under Section 200 Cr.P.C. This version was further supported by the witnesses examined under Section 202 Cr.P.C. It is correct that regarding the same incident earlier a complaint was lodged from the side of applicant no. 1 but the counter version of complainant can not be disbelieved at this stage, merely due the reason that the complaint lodged by applicant no. 1 was earlier in time. 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, keeping in view the facts of the matter, it is directed that in case applicants appear / surrender before the Trial Court concerned within a period of four weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of four weeks from today or till the applicants appear / surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
10. The application under Section 482 Cr.P.C. is disposed of in above terms.
Order Date :- 7.11.2024
SK Srivastava
