Allahabad High Court
Bhagwan Singh And 2 Others vs State Of U.P. And Another on 19 February, 2025
Author: Raj Beer Singh
Bench: Raj Beer Singh
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:23937
Court No. - 73
Case :- APPLICATION U/S 482 No. - 28055 of 2024
Applicant :- Bhagwan Singh And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ajay Kumar Gautam
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 27.05.2022, of Complaint Case No. 214 of 2021, under Sections 452, 323, 506 I.P.C., Police Station Iglas, District Aligarh, pending in the court of J.M., Iglas, Aligarh.
3. It has been argued by learned counsel for the applicants that regarding an incident of 18.05.2021 the applicant No. 1 has lodged a first information report lodged on 19.05.2021 against the opposite party No. 2/complainant and others for the offence under Sections 452, 307, 323, 504, 506 IPC. It was further submitted that when charge-sheet was filed in the said case, the complainant has lodged the impugned complaint on 10.08.2021 as a counterblast to the said case. The complainant has not sustained any injury. Referring to the facts of the matter, it was submitted that the allegations made by the complainant are wholly false and 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, recorded under Section 202 Cr.P.C., 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 perusal of record shows that the complainant has alleged that on 20.07.2021 applicants trespassed into his house and abused and assaulted him and that when his wife tried to save him, she was also assaulted by the applicants. It was further alleged that the wife of complainant has sustained serious injuries. The said version is supported by the complainant in his statement, recorded under Section 200 Cr.P.C. The wife of complainant has also supported the said version in her statement, recorded under Section 202 Cr.P.C. In medical examination report of the wife of complainant, four injuries have been shown on her person. In view of material on record, it cannot be said that no prima facie case is made out against the applicants. 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. Considering entire facts, no case for quashing of the impugned proceedings is made out. Hence the prayer as sought by the applicants is hereby refused.
8. However it is directed that in case, applicants appear/surrender before the trial court concerned within a period of three 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 three weeks from today or till the applicants appear/surrender before the court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid complaint case.
9. The application u/s 482 Cr.P.C. is disposed of in above terms.
Order Date :- 19.2.2025
Anand
