Iliyas v. Shane Alam and Others), under Sections
Case Details
Neutral Citation No. - 2024:AHC:138862 Court No. - 76 Case :- APPLICATION U/S 482 No. - 20550 of 2024 Applicant :- Shane Alam And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Danish,Nadeem,Rajiv Sisodia Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material brought on record. 2. This application under Section 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 03.04.2024, of Complaint Case No. 1013 of 2024 (Iliyas vs. Shane Alam and Others), under Sections - 323, 504, 392 I.P.C., Police Station- Amroha Dehat, District- Amroha, pending in the court of A.C.J.M.-III, Amroha. 3. Learned counsel for applicants submitted that the impugned complaint has been filed by the opposite party no.2/complainant making false and baseless allegations and no such incident has taken place. In fact applicant no.1 has to pay an amount of Rs. 1,80,000/- to the complainant and he has paid the said amount online to the complainant/opposite party no.2. Earlier, complainant has filed a case under N.I. Act and in that complaint the due amount shown by complainant is different. The complainant has made contradictory version regarding the due amount. The allegation that applicants have assaulted the complainant or snatched Rs.1,550/- from them is wholly false. The complainant has not sustained any injury. Referring to facts of the matter, it was submitted that no case is made out against applicants and thus, the impugned proceedings, including summoning order, are liable to be quashed. 4. Learned A.G.A. has opposed the application and submitted that in view of allegations made in the complaint and statements of witnesses recorded during inquiry under Section - 202 Cr.P.C., a case is made out against applicants and that applicants have been summoned by a reasoned order. 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
Facts
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
Legal Reasoning
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, the complainant has lodged the impugned complaint against applicants making allegations that the applicants have to pay an amount of Rs. 2,80,000/- against stitching work done by his sons but he was not paying the same. On 15.07.2023 a cheque of Rs.50,000/- was given by the applicant no.1 and regarding remaining amount on 15.10.2023 complainant and his son were called to Kutchery, where the applicants have abused and assaulted the complainant with leg and fists and snatched Rs. 1,550/- from him. The complainant has supported said version in his statement under Section - 200 Cr.P.C. and similarly the witnesses examined under Section - 202 Cr.P.C. have also supported the said version. The applicants have been summoned by a reasoned order. 8. The submissions raised by learned counsel for the applicants call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record it can also not be held that the impugned criminal proceeding are manifestly attended with mala-fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. 9. After considering arguments raised by the learned counsel for parties and perusing the impugned complaint and the materials in support of the same, this Court does not find it to be a case which can be determined or gone into in an application under Section - 482 Cr.P.C. This Court cannot hold a parallel trial in an application under Section - 482 Cr.P.C. It is well settled that the power under section - 482 Cr.P.C has to be exercised by the High Court, inter- alia, to prevent abuse of the process of any court or otherwise to secure the ends of justice. Though the powers possessed by the High Court under Section 482 of Cr.P.C are very wide but the very plenitude of the power requires great caution in its exercise. The inherent power cannot be exercised to stifle a legitimate prosecution. Such powers have to be exercised only to give effect to any order under Cr.P.C. or to prevent abuse of the process of any court and to secure the ends of justice. 10. After considering the entire material on record, this Court does not find any such illegality or perversity so as to require any interference by this Court and no case for quashing of impugned proceedings is made out. Hence, the prayer sought by applicants is refused. 11. However, it is directed that in case applicants appear before the court concerned within a period of four 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 four weeks from today or till the applicants appear before the court below, whichever is earlier, no coercive action shall be taken against the applicants. 12. With the aforesaid directions, the application under Section
Decision
482 Cr.P.C. is disposed of finally. Order Date :- 29.8.2024 S Rawat