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2025 DIGILAW 113 (ALL)

Mamta v. State of U. P.

2025-01-24

RAJ BEER SINGH

body2025
JUDGMENT : Raj Beer Singh, J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record. 2. This application u/s 482 Cr.P.C. has been filed for quashing of entire proceedings, including summoning order dated 29.08.2023, of Complaint Case No. 2598 of 2021 (Smt. Bhuri Devi Vs. Uday Singh and Others), under Sections - 452, 323, 324, 504 I.P.C., Police Station - Nasirpur, District - Firozabad, pending in the court of Additional Chief Judicial Magistrate-II, Firozabad. 3. It is submitted by learned counsel for the applicants that impugned complaint has been lodged making false and baseless allegations. On 15.04.2020 the applicant no.2 has lodged a first information report under Sections - 506, 504, 452, 354, 323, 147 I.P.C. against the opposite party no.2 and others and in that matter, charge sheet has been submitted and after that the impugned complaint has been lodged on 17.11.2021 as a counter blast. It was further submitted that before the impugned complaint, the opposite party no.2 has filed an application under Section - 156 (3) Cr.P.C., which was registered as a complaint case but it was dismissed for want of prosecution. The complainant has mentioned that four persons have sustained injuries but no injury report has been filed before the trial court. Referring to facts of the matter, it was submitted that impugned proceedings are counter blast and thus, liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of the allegations made in the complaint and in the statement of complainant, recorded under Section - 200 Cr.P.C., as well as in the statements of witnesses, recorded under Section 202 Cr.P.C., a prima facie case is made out against applicants. 5. I have considered the rival submissions and perused the record. 6. The legal position on the issue of quashing of criminal proceedings is well- settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. 5. I have considered the rival submissions and perused the record. 6. The legal position on the issue of quashing of criminal proceedings is well- settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. 7. In the instant matter, perusal of record shows that the opposite party no.2/complainant has made allegations that on 09.04.2024 at about 07:00 P.M., the applicants trespassed into her house and assaulted her with 'lathi', sticks and axe and when her daughter tried to save her, she was also assaulted by them. She has further alleged that husband of complainant/opposite party no.2, namely, Gambheer Singh and one Mohit and Brijesh have also reached at the spot but they were also assaulted by the applicants. Said version of complainant is supported by her statement under Section - 200 Cr.P.C. as well by the medical examination report of the injured persons. In the alleged incident, four persons have sustained injuries. The contention of learned counsel for the applicants that no injury report was filed before the trial court cannot be accepted. In the impugned order, learned trial court has clearly mentioned that injury reports of injured persons were filed. After perusing the injury reports, learned trial court has mentioned that the injured Brijesh, Banke Bihari and Mohit Kumar have sustained lacerated wounds. The version of complainant is further supported by the witnesses examined under Section - 202 Cr.P.C.. The submissions raised by learned counsel for the applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. The version of complainant is further supported by the witnesses examined under Section - 202 Cr.P.C.. The submissions raised by learned counsel for the applicants call for determination on questions of fact, which may adequately be discerned/adjudicated only by the trial court. Even the submissions made on point of law can also be more appropriately gone into by the trial court. In view of allegations made in the complaint and statement of complainant as well as of witnesses, it cannot be said that no prima facie case is made out against applicants. Hence, the prayer as sought above by the applicants is hereby refused. 8. However, keeping in view the facts of the matter, it is directed that in case, applicants appear/ surrender before the court concerned within a period of three weeks from today and apply for bail, their bail application shall be considered and decided expeditiously in accordance with settled law. For a period of three weeks from today or till the applicants surrender before the court below, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. With the aforesaid observations, the instant application is disposed of.