Allahabad High Court
Lado @ Sana And 3 Others vs State Of U.P. And Another on 7 April, 2022
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 91 Case :- APPLICATION U/S 482 No. - 2992 of 2022 Applicant :- Lado @ Sana And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ainul Haq Counsel for Opposite Party :- G.A. Hon'ble Syed Aftab Husain Rizvi,J.
Heard learned counsel for the applicants, Ms. Sushma Soni, learned A.G.A. for the State and perused the record.
This application under Section 482 Cr.P.C. has been filed for quashing the charge-sheet dated 9.6.2021 as well as entire proceeding of Case Crime No. 58 of 2021, under Sections 498A, 323 IPC and 3/4 D.P. Act, P.S. Sarai Akil, District Kaushambi.
The O.P. No. 2 lodged an FIR making allegations of demand of dowry, harassment and criminal assault. After investigation charge-sheet has been submitted.
The submissions of learned counsel for the applicants are that after sometime of the marriage when O.P. No. 2 came to know that her husband is a little educated and doing agricultural work she started misbehaving with applicant no. 4. It is further contended that other applicants are living separately also and have no concern with the matter but being family members have tried to counsel both the parties due to this a temperamental dispute arise between applicant no. 4 and his wife. The O.P. No. 2 has left her matrimonial house and pressurize him for divorce. When applicant no. 4 refused for illegal demand a false and fabricated FIR has been lodged against the applicants. It is further contended that the allegation of demand of dowry is only against the husband. The other family members have no concern with the dispute. During course of investigation the allegation of unnatural offence has not been found to be true and section 377 IPC has been omitted from the charge-sheet. From the perusal of evidence it is clear that there was no demand of dowry nor any allegation of marpit against applicants except applicant no. 4. The applicants are wholly innocent and have been falsely implicated.
Learned A.G.A. contended that there are clear allegations of demand of dowry, torture and criminal assault against all the accused persons named in the FIR. In her statement under section 164 Cr.P.C. the victim has clearly corroborated the version of the FIR and has specifically pointed out the role of each and every accused named in the FIR. On the basis of credible evidence charge-sheet has been submitted. Satisfied with it the learned Magistrate has taken cognizance on it. There is no ground to quash the charge-sheet or summoning order.
All accused persons are named in the FIR with the allegation of demand of dowry, torture and assault. Victim and other witnesses have corroborated the version of the FIR. The I.O. on the basis of material collected during investigation finding that there is sufficient evidence has submitted charge-sheet. The I.O. has not found allegation of unnatural offence as true and has omitted section 377 IPC from the charge-sheet which shows that he has conducted a proper investigation and has implicated those persons against whom there is sufficient evidence. At this stage only prima facie case is to be seen as laid down by Hon'ble Supreme Court in the case of Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. All other arguments as assailed by the learned counsel for the applicant are of matter of trial which can not be adjudicated in a proceeding U/s 482 Cr.P.C. There is nothing on record to show that charge-sheet or proceeding is an abuse of process of law or court.
The application U/s 482 Cr.P.C. is devoid of merit and is hereby dismissed.
Order Date :- 7.4.2022 Masarrat