Allahabad High Court
Mohit vs State Of U.P. And Another on 13 November, 2024
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2024:AHC:177676
Court No. - 75
Case :- APPLICATION U/S 482 No. - 29708 of 2024
Applicant :- Mohit
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Firoz Haider
Counsel for Opposite Party :- G.A.
Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record.
2. This application under Section - 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 04.08.2022, of Complaint Case No. 505 of 2022 (New No. 3793 of 2023) [Smt. Preeti Vs. Mohit], under Sections - 498-A I.P.C., Police Station - Partapur, District - Meerut, pending in the Court of A.C.J.M.-6th, Meerut.
3. It is submitted by learned counsel for applicant that applicant is husband of opposite party no.2/complainant. Earlier applicant has filed a case under Section - 9 Hindu Marriage Act for restitution of conjugal rights and thereafter opposite party no.2/complainant has filed the impugned complaint making false and baseless allegations. The opposite party no.2 has not sustained any injury. In the complaint, entire family of applicant was named but only applicant has been summoned. It was stated that impugned proceedings are malicious and counter blast 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 material on record a prima facie case is made out against applicant and there is no illegality or perversity in the impugned summoning order.
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 mater, perusal of record shows that opposite party no.2/complainant is wife of the applicant. She has filed complaint against applicant alleging that she was harassed on account of dowry and applicant used to demand Rs. one lakh and one Maruti car from her. She has further alleged that she was assaulted by applicant and on 15.12.2021 applicant has tried to kill her. The complainant has supported this version in her statement under Section - 200 Cr.P.C.. The version of complainant was further supported by witnesses examined under Section- 202 Cr.P.C.. In view of allegations made in the complaint and statements of witnesses, it cannot be said that no prima facie case is made out against applicants. The submissions raised by learned counsel for applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In view of material on record, no case for quashing of proceedings is made out. Hence, the present application under Section 482 Cr.P.C. is liable to be dismissed.
8. The application u/s 482 Cr.P.C. is hereby dismissed.
Order Date :- 13.11.2024
S Rawat
