Allahabad High Court
Shivam Sharma vs State Of U.P. And 2 Others on 30 July, 2024
Author: Samit Gopal
Bench: Samit Gopal
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2024:AHC:121654 Court No. - 77 Case :- APPLICATION U/S 482 No. - 9629 of 2024 Applicant :- Shivam Sharma Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Ansar Haider Rizvi,Rajesh Bhaskar,Zafar Abbas Counsel for Opposite Party :- G.A. Hon'ble Samit Gopal,J.
1. Heard Sri Ansar Haider Rizvi, learned counsel for the applicant, Sri Triveni Saran Rai learned counsel for the State and perused the record.
2. This application u/s 482 Cr.P.C. has been filed by the applicant Shivam Sharma with the following prayers:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the Charge Sheet dated 22.12.2023, Cognizance order dated 22.02.2024 and consequential proceedings in Case No. 79 of 2024 (State vs. Shivam) arising out of Case Crime No. 171 of 2023, under Section 354B, 323, 506 I.P.C., P.S.- Kotwali, District- Prayagraj pending in the Court of Add. Civil Judge (Junior Division-21), Allahabad.
It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of the Case No. 79 of 2024 (State vs. Shivam) arising out of Case Crime No. 171 of 2023, under Section 354B, 323, 506 I.P.C., P.S.- Kotwali, District- Prayagraj pending in the Court of Add. Civil Judge (Junior Division-21), Allahabad, during the pendency of this Application before this Hon'ble Court/or pass such other and further order, which this Hon'ble Court may deem fit and proper in the favour of Applicant."
3. The facts of the case are that a First Information Report was lodged on 01.10.2023, under Sections 354B, 323, 506 I.P.C. by the opposite party no. 3 against the applicant with the allegations that the applicant who is her cousin and lives in the same house, tore her clothes and assaulted her and her father and mother. He even enraged her modesty. Action be taken against Shivam Sharma.
4. The matter was taken up for investigation in which the first informant/victim was medically examined on 01.10.2023 wherein she made a complaint of pain on left shoulder, however, the doctor noted that there was no visible external injury on it. She was conscious oriented and stable. Smt. Maya Sharma the mother of the first informant/victim was reported to be having pain on lower back near lumber area and no visible external injury was seen on it. Another complaint of pain on right leg was reported and no visible external injury was seen on it. She was conscious oriented and stable. Munna Lal Sharma the father of the victim/first informant was also reported to be having complaint of pain on lower lumber area and the doctor further noted that no visible external injury is on it. He was conscious oriented and stable. The matter was investigated after which a charge sheet under Sections 354Kha, 323, 506 I.P.C. dated 23.12.2023 was submitted against the applicant on which court concerned vide order dated 22.02.2024 took cognizance and summoned the applicant under the said sections. The present application u/s 482 Cr.P.C. has thus been filed with the aforesaid prayers.
5. Learned counsel for the applicant, at the very outset, submits that the applicant has been falsely implicated in the present case. It is submitted that the applicant has filed a Criminal Misc. Writ Petition No. 2951 of 2024 (Shivam Sharma vs. State of U.P. and 3 others) before this Court challenging the F.I.R. of the present case in which a Division Bench vide order dated 27.2.2024 stayed his arrest till cognizance order is passed, copy of the said order has been placed before the Court which is annexure no. 10 of the affidavit. It is submitted that the applicant has already been granted anticipatory bail in the present matter by the court of ASJ/Additional Special Judge (POCSO Act), Court No. 2, Prayagraj, vide order dated 03.2.2024, copy of the said order has been placed before the Court which is annexure no. 9 to the affidavit. It is next submitted that injury as received by the three injures persons are simple in nature and as such they can be said to be false. It is further submitted that there is a dispute with regard to property going on between the opposite party no. 3/first informant and the family of the applicant as the applicant had started renovation work on his side of the house which was objected by the opposite party no. 3 and her side. It is submitted that the present case is a case arising out of civil dispute between the parties. Learned counsel has relied upon the judgement of the Apex Court in the case of Usha Chakraborty and another vs. State of West Bengal and another: 2023 LiveLaw (SC) 57, para nos. 9, 10 and 11 wherein the case was that case of civil nature has been given the shape of criminal case in which the applicants have been falsely implicated and summoned. It is submitted that as such the present proceedings be quashed as the same are with malafide intentions.
6. Per contra, learned State counsel opposed the prayer for quashing.
7. After having heard learned counsels for the parties and perusing the records, it is evident that the present case is a case in which three persons have received injuries. There are allegations of the applicant enraging the modesty of the first informant/victim/opposite party no. 3. In the F.I.R. itself it is mentioned that the first informant and her father and mother were assaulted by the accused-applicant. The said three injured persons were medically examined and they had made complaint of pain which have been noted in the medical examination reports. Charge Sheet in the matter has been submitted on which court concerned has taken cognizance. It cannot be said that no evidence is there against the applicant. In so far as the argument relating to the dispute being civil in nature is concerned, there is allegation of physical assault on the first informant and her parents. There are medical examination reports of the said three injured persons. It cannot be said that the dispute is basically of civil in nature and has been given a colour of criminal case. The case is of different colour altogether. In the present case there is allegation of enraging modesty and physical assault and it cannot by any stretch of imagination be said to be a case of civil in nature. The allegations in the present matter are such which cannot be said to be having a civil profile inasmuch as there are allegations of enraging modesty of the first informant and also physical assault on her and her father and mother. The present case does not fall within the four corners of the law as laid down in the cases of R.P. Kapur [R.P. Kapur v. State of Punjab, 1960 SCC OnLine SC 21 : AIR 1960 SC 866] and Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426] and M/s Neeharika Infrastructure (P) Ltd. v. State of Maharashtra : (2021) 19 SCC 401 for quashing. No ground exists to entertain the matter by this Court.
8. The present application under Section 482 Cr.P.C. lacks merit and is accordingly dismissed.
(Samit Gopal,J.) Order Date :- 30.7.2024/Naresh