Allahabad High Court
Smt. Shail Singh And 2 Ors vs State Of U.P. And Another on 22 November, 2019
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 75 Case :- APPLICATION U/S 482 No. - 42007 of 2019 Applicant :- Smt. Shail Singh And 2 Ors Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bade Lal Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned A.G.A. and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashingthe entire criminal proceedings of Complaint Case No. 93 of 2015 (Smt. Ranjana Singh Vs. Mukesh Singh & others), under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Kalyanpur, District- Kanpur Nagar pending in the court of Addl. Chief Metropolitan Magistrate-XI, Kanpur Nagar.
As per the allegation made in the complaint, it is alleged that opposite party no. 2 was married to Mukesh son of applicant nos. 1 and 2 and brother of applicant no. 3 on 22.6.2004, however, after the said marriage, the applicants started demanding additional dowry and for non-fulfilment of demand of additional dowry, they started torturing and maltreating her and also assaulted her and turned her out of her matrimonial home.
Learned counsel for the applicants has submitted that applicants have been falsely implicated in the present case. The applicants have already been released on bail.
From the perusal of the material on record and looking into the facts of the case, at this stage it cannot be said that no offence is made out against them. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C.
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 disputed defence of the accused cannot be considered at this stage. The applicants have got a right of discharge under Section 239/245 or 227/228 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
In view of above, the prayer for quashing the proceedings of the aforementioned case is refused.
The application u/s 482 Cr.P.C. is dismissed.
Order Date :- 22.11.2019 KU