State v. Vaibhav Mishra), arising out of Case Crime No
Case Details
Neutral Citation No. - 2024:AHC:149787 Court No. - 75 Case :- APPLICATION U/S 482 No. - 26572 of 2024 Applicant :- Vaibhav Mishra Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Sanjay Singh, learned counsel for the applicant and Mr. Amit Singh Chauhan, learned A.G.A. for the State as well as perused the entire material available on record. The instant application under section 482 Cr.P.C. has been filed for quashing of the charge sheet dated 30.04.2024 as well as summoning order dated 05.07.2024 and the proceeding of Criminal Case No.9280 of 2024, (State vs. Vaibhav Mishra), arising out of Case Crime No.503 of 2023, under Sections 313 I.P.C., Police Station-Kotwali, District-Deoria.
Facts
Brief facts of the case are; that as per the allegations in the FIR lodged on 17.06.2023 at 22:23 hours, by opposite party no.2 against four named accused including the applicant, the applicant under the garb of marrying the opposite party no.2 has sexually exploited her and after she became pregnant, abortion has been done thrice by persuading her with intention to cheat her. Later after coming to know that she is pregnant, in a hurried manner, the families of both the parties have got their marriage solemnized in Arya Samaj Mandir, after which when she got pregnant again, her pregnancy has forcefully been terminated at Varanasi. After investigation charge sheet has been submitted only against the applicant and the applicant has been summoned on 05.07.2024, hence, the present petition.
Legal Reasoning
questions of fact. From perusal of the records, prima facie, it can not be said at this stage that no offence has been committed by the applicant. I have considered the submissions made by the learned counsel for the parties and have gone through the records of the present application. This Court finds that the submissions made by the applicant's learned counsel call for adjudication on pure questions of fact which may adequately be adjudicated upon only by the trial court and while doing so even the submissions made on points of law can also be more appropriately gone into by the trial court in this case. The issue whether it is appropriate for this Court being the Highest Court to exercise its jurisdiction under Section 482 Cr.P.C. to quash the charge-sheet, cognizance and the proceedings at the stage when the Magistrate has merely issued process against the applicants and trial is to yet to come only on the submission made by the learned counsel for the applicants that present criminal case initiated by opposite party no.2 are not only malicious but also abuse of process of law has elaborately been discussed by the Apex Court in the following judgments:- (i) R.P. Kapur Versus State of Punjab; AIR 1960 SC 866, (ii) State of Haryana & Ors. Versus Ch. Bhajan Lal & Ors.;1992 Supp.(1) SCC 335, (iii) State of Bihar & Anr. Versus P.P. Sharma & Anr.; 1992 Supp (1) SCC 222, (iv) Zandu Pharmaceuticals Works Ltd. & Ors. Versus Mohammad Shariful Haque & Anr.; 2005 (1) SCC 122, (v) M. N. Ojha Vs. Alok Kumar Srivastava; 2009 (9) SCC 682, (vi) Mohd. Allauddin Khan Vs. The State of Bihar & Others; 2019 0 Supreme (SC) 454, (vii) Nallapareddy Sridhar Reddy Vs. The State of Andhra Pradesh & Ors.; 2020 0 Supreme (SC) 45, (viii) Rajeev Kaurav Vs. Balasahab & Others; 2020 0 Supreme (SC) 143 and lastly (ix) M/s Neeharika Infrastructure Pvt. Ltd. vs. State of Maharashtra; 2021 SCC Online SC 315. In view of the aforesaid, this Court does not deem it proper, and therefore cannot be persuaded to have a pre-trial before the actual trial begins. A threadbare discussion of various facts and circumstances, as they emerge from the allegations made against the accused, is being purposely avoided by the Court for the reason, lest the same might cause any prejudice to either side during trial. But it shall suffice to observe that the perusal of the F.I.R. and the material collected by the Investigating Officer on the basis of which the charge sheet has been submitted makes out a prima facie case against the accused at this stage and there appear to be sufficient ground for proceeding against the accused. I do not find any justification to quash the charge sheet or the proceedings against the applicants arising out of them as the case does not fall in any of the categories recognized by the Apex Court which may justify their quashing. The prayer for quashing the impugned charge-sheet dated 30.04.2024, summoning order dated 05.07.2024 as well as the entire proceedings of the aforesaid case are refused, as I do not see any abuse of the court's process at this pre-trial stage. The present application has no merit and is, accordingly, rejected. Order Date :- 13.9.2024 Rahul.
Arguments
Learned counsel for the applicant submits that the present case has been lodged with false and frivolous allegations. Placing the statement u/s 164 Cr.P.C. of the victim, he submits that thrice abortion was done with the permission of opposite party no.2 and for the fourth time as per the allegations her pregnancy was terminated forcefully at Varanasi, therefore, no offence under Section 313 I.P.C. is made out. He further submits that the document placed at Page-77 goes to prove that the allegations of getting pregnancy terminated for the fourth time is incorrect. Placing reliance upon page-84, he submits that parcha-36 dated 12.01.2024 speaks about medical report being asked from the opposite party no.2, which she could not give. The aforesaid go to prove that the allegations as made are incorrect. Learned A.G.A. for the State on the other hand submits that there is no illegality and infirmity in the summoning order. He further submits that thrice the pregnancy was terminated prior to marriage, however, after marriage only once the pregnancy was terminated forcefully, which proves the offence under Section 313 I.P.C. He further submits that all the other contentions relate to disputed