Allahabad High Court
Jagdish And 2 Ors vs State Of U.P. And Anr on 21 July, 2025
Author: Deepak Verma
Bench: Deepak Verma
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:118287
Court No. - 72
Case :- APPLICATION U/S 482 No. - 6968 of 2020
Applicant :- Jagdish And 2 Ors
Opposite Party :- State Of U.P. And Anr
Counsel for Applicant :- Krishna Mani
Counsel for Opposite Party :- G.A.
Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicants and learned AGA for the State.
2. The present 482 Cr.P.C. application has been filed to quash the impugned charge-sheet No.153 of 2019 dated 23.12.2019, cognizance order dated 22.01.2020 as well as entire proceeding of Criminal Case No.73 of 2020 arising out of Case Crime No.162 of 2019 (State vs. Jagdish and others), under sections 498-A, 323, 504, 506, 352 I.P.C. & 3/4 Dowry Prohibition Act, Police Station Padari, District Mirzapur, pending in the court of Civil Judge (Senior Division)/F.T.C., Mirzapur.
3. Learned counsel for the applicants submits that applicants are innocent and have been falsely implicated in the present case. Applicant No.1 (Jagdish) is husband, applicant no.2 (Arvind) is Jeth and applicant no.3 (Smt.Pushpa Devi) is mother-in-law of the opposite party no.2 (Smt.Ruman Kumari). Instant FIR lodged with malice intention only to harass the applicants. By order dated 20.02.2020 matter was referred to Mediation & Conciliation Centre, High Court, Allahabad and this Court has passed the following order:-
"The applicants, by means of this application under Section 482 Cr.P.C., have invoked the inherent jurisdiction of this Court with prayer to quash the charge sheet dated 23.12.2019 as charge sheet No. 153 of 2019 along with cognizance order dated 22.1.2020, passed by learned Civil Judge (S.D.)F.T.C./ACJM, Mirzapur as well as entire proceeding of Criminal Case No. 73 of 2020 (State Vs. Jagdish and others) arising out of Case Crime No. 162 of 2019, under Sections 498A, 323, 504, 506, 352 IPC & 3/4 of D.P. Act, P.S. Padari, District Mirzapur, pending in the court of Civil Judge (S.D.)F.T.C./ACJM, Mirzapur.
Heard learned counsel for the applicants and learned A.G.A. representing the State.
It is submitted by learned counsel for the applicants that the present matter relates to matrimonial dispute, which may be amicably settled by way of mediation and conciliation, therefore, the matter may be referred to the Mediation and Conciliation Centre of this court.
In view of the above, it is directed that applicants shall deposit a sum of Rs.10,000/- within two weeks from today with the Mediation Centre of this Court out of which Rs.8000/- shall be paid to the opposite party no.2 by way of expenses for her appearance before the Mediation Centre and Rs. 2000/- shall be retained by the Mediation Centre as mediation fee.
The matter is remitted to the Mediation Centre with the direction that after deposit of such amount by the applicants, it shall issue notice to the parties fixing some date for mediation and shall make all possible efforts to conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months.
List after expiry of aforesaid period before the appropriate Bench along with the report of Mediation Centre.
Till the next date of listing, no coercive action shall be taken against the applicants in the above mentioned case.
It is made clear that in case there occurs default by the applicants either in depositing the amount or in appearing before the Mediation Centre on the date fixed, the interim order shall cease to operate and the Mediation Centre shall immediately communicate with the office which in turn shall list the case within a week before the appropriate Bench for passing orders in the matter."
4. As per as Mediation & Conciliation Centre report dated 02.04.2022, three dates were fixed but none appeared before the Mediation & Conciliation Centre and a report has sent that parties are not willing for mediation. Learned counsel for the applicants next argued that that allegation alleged in the FIR is false and baseless and applicants have been falsely implicated having no concern with the alleged dispute. Applicants have not made any demand in regard to dowry. Allegation alleged by the informant against the applicants are not supported by any evidence.
4. Per contra, learned A.G.A. has vehemently opposed the submission raised by applicants' counsel and submitted that the argument raised by learned counsel for the applicants are disputed question on facts which cannot be adjudicated at this stage. Matter was referred Mediation & Conciliation Centre but they do not cooperate with the mediation and mediation failed. On perusal of FIR and other evidence collected by Investigating Officer, offence is made out against the applicants.
5. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.
6. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.
7. Considered the arguments raised by both the parties. From the record, prima-facie offence is made out against the applicants and submission raised by learned counsel for the applicants are disputed questions of facts. No interference is warranted. The present 482 application of applicants- Jagdish, Arvind & Smt.Puspha Devi, is hereby dismissed with the aforesaid observation
Order Date :- 21.7.2025
SKD
