Allahabad High Court
Nazim(Minor) vs State Of U.P. And Another on 13 November, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 72 Case :- APPLICATION U/S 482 No. - 34646 of 2018 Applicant :- Nazim(Minor) Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicant, learned A.G.A. for the State and perused the record.
This application under Section 482 CrPC has been filed by the applicant with the prayer to quash the Charge-sheet No.15A of 2018 dated 28.04.2013 as well as the entire proceedings of Criminal Case No.445 of 2018 (State Vs. Kasim and others) arising out of Case Crime No.57 of 2017, under Sections 498A, 323, 354, 504 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Aligarh, pending in the court of Additional Chief Judicial Magistrate, Court No.8, Aligarh.
As per the allegations made in the first information report and the statement of the complainant recorded under Sections 161 and 164 CrPC, it is alleged that opposite party no.2 was married to Kasim brother of applicant on 30.03.2015, however after the said marriage the applicant started demanding additional dowry and for non-fulfilment of demand of additional dowry, he started torturing and maltreating her and the applicant is also said to have committed indecent act with her and tried to outrage her modesty and turned her out of her matrimonial home.
The contention of counsel for the applicant is that no offence against the applicant is disclosed and the present application has been instituted with a malafide intention for the purposes of harassment. He has also pointed out certain documents in support of his contention.
Learned AGA and learned counsel for Opposite Party No.2 has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, prima facie offence is clearly made out against the applicant and as such, entire proceedings cannot be quashed.
At this stage only prima facie case is to be seen in the light of the law laid down by the Supreme Court in the cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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.
The prayer for quashing the impugned order as well as proceedings of the aforementioned case is refused.
However, it is directed that if the applicant appears and surrenders before the court below within 30 days from today and apply for bail, his prayer for bail shall be considered and decided in view of settled law laid down by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court in the case of Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC).
For a period of 30 days from today or till the applicant surrenders and applies for bail, whichever is earlier, no coercive action shall be taken against him. However, in case, the applicant do not appear before the Court below within the aforesaid period, coercive action shall be taken against him.
With the aforesaid directions, this application is finally disposed of.
Order Date :- 13.11.2019 Zafar