Allahabad High Court
Tushar Bhardwaj And 6 Others vs State Of U.P. And Another on 13 April, 2023
Author: Rajiv Gupta
Bench: Rajiv Gupta
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 65 Case :- APPLICATION U/S 482 No. - 10650 of 2023 Applicant :- Tushar Bhardwaj And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shreesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Rajiv Gupta,J.
Heard learned counsel for the applicants, learned AGA for the State and perused the record.
The present application under Section 482 Cr.P.C. has been filed for quashing the cognizance order dated 3.11.2022 as well as entire proceedings of Case No. 2437 of 2022 (State Vs. Tushar Bhardwaj and others) arising out of Case Crime No. 42 of 2022, under Sections 498A, 323, 504 IPC, P.S. Kotwali Sambhal, District- Sambhal, pending in the Court of Civil Judge (Junior Division)/J.M./F.T.C. Sambhal at Chandausi.
As per the allegation made in the first informant report, it is alleged that applicant No. 1 was married to opposite party no. 2 on 29.11.2017. Applicant Nos. 2 and 3 are father in-law and mother in-law of opposite party no. 2, 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 subjected her to cruelty and turned her out of her matrimonial home.
Learned counsel for the applicants has submitted that from the perusal of the allegations made in the FIR and the material collected during the course of investigation, no offence is disclosed against the applicants and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He has pointed out certain documents and statements in support of his contention.
Per contra, learned AGA 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 Nos. 1, 2 and 3.
Moreover, all the submissions made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 CrPC. At this stage, only prima facie case is to be seen in the light of the law laid down by the Hon'ble Apex Court in the cases of R.P. Kapur Vs. State of Punjab, AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, (Para-10) 2005 SCC (Cri.) 283. The disputed defence of the accused cannot be considered at this stage.
Considering the facts and circumstances of the case, so far as the applicant Nos. 1, 2 and 3 is concerned, the prayer for quashing the entire proceedings is refused.
However, in case the applicants appear before the court below within three weeks from today and apply for bail, their bail application be considered and disposed of in view of law laid down by Hon'ble Apex Court in the case of Satender Kumar Antil Vs. Central Bureau of Investigation and another reported in (2021) 10 SCC 773 after hearing the parties.
With the aforesaid observation, the instant application on behalf of applicant Nos 1, 2 and 3 stands disposed of.
It is further submitted that applicant Nos. 4 and 5 are the sisters in-law of opposite party No. 2 whereas applicant No. 6 and 7 are her brothers in-law and they have no concern whatsoever with her day to day affairs and have been falsely roped in only on account of being the relative of her husband.
So far as the applicant Nos. 4 to 7 are concerned, issue notice to opposite party No. 2, who may file counter affidavit within four weeks. Learned AGA may also file counter affidavit within the same period. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this case on 6.7.2023.
Till then, no coercive steps shall be taken against the applicant Nos. 4 to 7 in Case No. 2437 of 2022 (State Vs. Tushar Bhardwaj and others) arising out of Case Crime No. 42 of 2022, under Sections 498A, 323, 504 IPC, P.S. Kotwali Sambhal, District- Sambhal, pending in the Court of Civil Judge (Junior Division)/J.M./F.T.C. Sambhal at Chandausi.
Order Date :- 13.4.2023 KU