Allahabad High Court
Prashant Singh And Another vs State Of U.P. And Another on 12 January, 2024
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. – 2024:AHC:6538
Court No. – 89
Case :- APPLICATION U/S 482 No. – 21990 of 2021
Applicant :- Prashant Singh And Another
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Ramanuj Tripathi
Counsel for Opposite Party :- G.A.,Dinesh Kumar Sharma
Hon’ble Mrs. Sadhna Rani (Thakur),J.
Heard learned counsel for the applicants and learned counsel for the opposite party no.2 and perused the record.
By moving this application under Section 482 of Cr.P.C., the prayer is made to quash the entire proceedings and the charge-sheet dated 30.06.2021 arising out of Case Crime No. 326 of 2019, under Sections 498-A, 352, 323, 307 I.P.C. and 3/4 D.P. Act, Police Station- Gandhi Park, District- Aligarh in Criminal Case No. 851 of 2021 (State Vs. Prashant Singh and others), pending in the court of learned Additional Chief Judicial Magistrate, Court No.7, Aligarh.
It is argued by learned counsel for the applicants that the marriage between the applicant no.1 and opposite party no.2 was solemnized on 03.12.2017. The in-laws of applicant no. 1 are miscreants type of persons. They have thrown out the applicants from their house and admittedly, the opposite party no. 2 is living alone in that house. The applicants have to wander here and there and living in the rented accommodation. The incident is dated 24.06.2019, while the medical examination of the alleged victim was done on 03.08.2019. Wherein only complaint of pain in throat and in back of abdomen had been mentioned which does not make any offence either under Section 323 or under Section 307 of I.P.C. The FIR has been filed very late with the delay of one month and no explanation has been rendered for the same. The offence under Section 3/4 of the D.P. Act also cannot be said to be made out against the applicant. It is a totally false case which has been filed to grab the house of the applicants and prayer is made accordingly.
Learned counsel for the opposite party no.2 opposed the prayer and regarding Section 352 of I.P.C., it is submitted by him that this section was with regard to co-accused Narendra, the FIR against him has been quashed by this Court earlier. It is further submitted that there is a clear allegation in the FIR that a fortuner car and Rs. 1 crore were being demanded from opposite party no.2 by the applicants and the victim was being harassed for the same at the hands of the applicants. So, prayer is made accordingly.
It is admitted fact that a mediation between the parties failed and the FIR against co-accused Narendra was quashed by this Court. Narendra Pal Singh, father-in-law of opposite party no.2 had also died prior to the date of lodging of the FIR. From the perusal of the FIR, it is found mentioned therein that after the enticement of Narendra @ Narad the applicants used to demand one fortuner car and Rs. 1 crore from the opposite party no.2. It is also the version of FIR that because this demand of the applicants was not being fulfilled by opposite party no.2, so she was being harassed at the hands of the applicants. Both the applicants used to thrash her. On 16.05.2019, she was thrashed at the hands of the applicants and an attempt was made to put her to death gagging her mouth. She informed at 100 Number, police team came, the applicants assured the police not to harass opposite party no.2 further. On 24.06.2019, the applicant no.1 dropped opposite party no.2 at her uncle’s house assuring her to take her back after one week. But her husband was never came to take her back. She herself came back but she did not find her husband or her mother-in-law in the house and since then she is living alone in that house.
In support of the version of the FIR, the medical report dated 03.08.2019 is on record whereby a complaint of pain in the neck and a complaint of pain in the back of her abdomen has been diagnosed by the doctor. In the opinion of the Court, none of these complaints can be said to be covered under Section 307 of I.P.C. Admittedly, the alleged offence of Section 352 I.P.C. was against co-accused Narendra, the FIR against whom has been quashed by this Court. Regarding Sections 323 and 498 A of the I.P.C., there is allegation of thrashing and harassment for dowry against the applicants. In the FIR itself regarding Section 323 and Section 498-A I.P.C, there are clear allegations of mental and physical harassment of the first informant at the hands of the applicants. Regarding allegations under Section 3/4 of D.P. Act, there is allegation of demand of one fortuner car and Rs. 1 crore by the applicants. Hence, in the opinion of the Court on the basis of the FIR and the statement of the victim under Section 161 Cr.P.C., prima facie, the offence under Section 323, 498-A of I.P.C. and Section 3/4 of D.P. Act can clearly be said to be made out. In the opinion of the Court, there being no allegation of offence under Section 352 I.P.C. against the applicants and being no evidence on record regarding Section 307 of I.P.C., the charge sheet under Sections 352 and 307 of I.P.C. is against the evidence on record so far as the allegation of the applicants that they have been expelled from their own house by the opposite party no.2 and her family members is concerned, there is no complaint/FIR in this regard on record. Hence, in the opinion of the Court the charge sheet, under Sections 307 and 352 of I.P.C. against the applicants can be said to be against the evidence on record. Hence the impugned charge sheet and proceedings of Case Crime No. 326/19 to the extent of Section 352, 307 of I.P.C. against the applicants is liable to be quashed. The charge sheet with regard to Sections 498A, 323 I.P.C. and 3/4 of D.P. Act against the applicants deserves to be confirmed.
Hence, the application is allowed partly. The charge sheet dated 30.06.2021 against the applicants with regard to Sections 498A, 323 I.P.C. and 3/4 of D.P. Act is confirmed, this charge sheet and proceedings on the basis of this charge sheet with regard to Sections 352 and 307 I.P.C against the applicants are quashed.
Order Date :- 12.1.2024
Mohini