Research › Search › Judgment

Allahabad High Court · body

2015 DIGILAW 725 (ALL)

Mahaveer Singh v. State of U. P.

2015-04-07

PANKAJ NAQVI

body2015
JUDGMENT Pankaj Naqvi, J. Heard Sri Dhiraj Kumar Pandey, learned counsel for applicants and learned A.G.A. 2. The present 482 Application is preferred for quashing the entire criminal proceedings of Complaint Case no. 204 of 2014, under Section 3 /4 D.P. Act, P.S. Sadar Bazar, District Saharanpur. 3. It is an off-shoot of matrimonial matter. Learned counsel for applicant is not prepared to settle the dispute by way of mediation. The contention of counsel for applicants is that no offence against the applicants are disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. 4. From the perusal of the materials of record and looking into the facts of the case at this stage, prima facie, a case is made out. All the submissions made at the bar relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 4 82 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 SC 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr) 426, State of Bihar Vs. P.P. Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para-10) 2005 SCC (Cr.) 283. The application is dismissed.