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2010 DIGILAW 1937 (ALL)

SHAILESH TEWARI v. STATE OF U. P.

2010-07-05

ASHWANI KUMAR SINGH

body2010
JUDGMENT Hon’ble Ashwani Kumar Singh, J.—Heard learned counsel for the applicants and Sri Ram Manohar Kashyap holding brief on behalf of Sri A.K.Goel, learned counsel for opposite party No. 4. 2. This application under Section 482 Cr.P.C. has been preferred for quashing the proceedings of complaint case No. 2555 of 2002 under Section 406 I.P.C. P.S. Sadar Bazar, District Agra (Smt. Geeta v. Shailesh Tewari) pending before the Judicial Magistrate (I), Agra. 3. Submission of leaned counsel for the applicants is that divorce has already taken place between the parties vide order dated 24.4.2005, a copy of which has been annexed as Annexue SA-3 to Crl.Misc.Application No. 143363 of 2005. It is also contended that it was mutually resolved by the parties that opposite party No. 4 shall not proceed with the proceedings of present case under Section 406 I.P.C. It is also submitted that a case under Sections 498-A/323/149/504 I.P.C. and 3/4 Dowry Prohibition Act against the accused applicants and others has already been decided by the Court below on 23.4.2005 and the accused applicant and others have been acquitted. Learned counsel for the applicants has relied upon the decision of Hon’ble the supreme Court in Pashaura Singh v. State of Punjab, 2009 (67) ACC 964 (SC). 4. I have considered the submissions made by learned counsel for the applicants and gone through the entire record of the case. Hon’ble the Supreme Court in Pashaura Singh v. State of Punjab (Supra) has observed that all subsequent criminal proceedings instituted with mala fide intention need to be quashed. In the present case the applicants have already been acquitted in a case under Sections 498-A/323/149/504 I.P.C. and 3/4 Dowry Prohibition Act and the present criminal proceedings under Section 406 I.P.C. is nothing but prosecution with mala fide intention, as such, is liable to be quashed. 5. In the facts and circumstance of the case and in light of the submissions made above, the application is liable to be allowed. It is, accordingly,hereby allowed and the proceedings in complaint case No. 2555/2002 (Smt.Geetha v. Shailesh Tewari) under Section 406 I.P.C. P.S. Sadar Bazar, District Agra pending before the Judicial Magistrate(I), Agra is hereby quashed. ————