Allahabad High Court

1. Heard learned counsel for the applicant and learned AGA.

2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet dated

30.08.2024 as well as entire proceeding of Criminal Case No.3226/IX/2025 (State vs. Manoj Patel and another) arising out of Case Crime No.0459 of 2022, under sections 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, P.S. Atarra, District Banda, pending in the court of Chief Judicial Magistrate, Banda.

3. It is alleged in the FIR that the informant, who is mother of the deceased, lodged FIR against six named accused persons. After about two years of the date of incident, deceased marriage was solemnized with the son of the applicant in the year 2015. Thereafter one daughter was born to them and on 13.08.2020, named accused persons committed murder of the informant's daughter. He further alleged in the FIR informant's younger brother Prabhu Charan Patel, who took money from the accused persons and helped them in manipulation, on that time FIR could not be lodged. The accused person showed deceased died in natural circumstance due to jaundice. After getting knowledge that daughter has been tortured and murdered by the applicant, then present FIR has been lodged. Learned counsel for the applicant next submits that the applicant is mother-in-law of the deceased and deceased was living with the applicant as husband of the deceased, was employed in Railway as Loco Pilot and posted in Banda. The deceased was suffering from jaundice as that she died on 13.08.2020. Learned counsel for the applicant next submitted that the Investigating Officer during investigation recorded statement of the informant and other witnesses related with the deceased but no one supported the prosecution story. Statement of the informant's father and grand mother of the deceased have also not supported the prosecution story. Initially, Investigating Officer submitted charge-sheet only against the husband of the deceased. Thereafter further investigation was done and applicant has been implicated in the present case. He further submitted that the applicant is mother-in-law of the deceased and on perusal of evidence collected by the Investigating Officer, prima- 2 NA528 No. 41998 of 2025 facie no offence is made out against the applicant. All allegation alleged in the FIR is false and baseless. On account of statement of daughter of the deceased, the applicant has been implicated in the present case.

4. Per contra, learned A.G.A. opposed the argument raised by applicant's counsel and submitted that Investigating Officer has collected material evidence against the applicant and as per as medical examination report, victim is said to be died after consuming poison, which is evident from medical examination report and MRD No.14272 dated 13.08.2020 at 11.40 a.m. The daughter of the deceased was also supported the prosecution story and prima-facie offence is made out against the applicant. Burden lies upon the applicant to prove her innocence. Investigating Officer has collected material evidence to prosecute the applicant.

5. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.

6. Considering the argument raised by applicants' counsel and perused the record, it is evident that prima facie offence is made out. The Apex Court in its judgment passed in the case of Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, para 6 and 7 are quoted herein below:- "6. Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial.

7. Such an exercise, in our considered view, is not permissible while exercising the jurisdiction under Section 482 Cr.P.C."

7. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala 3 NA528 No. 41998 of 2025 Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

8. Considered the arguments raised by learned counsel for the applicant. From the record it is apparent that deceased died under unnatural circumstances and as per as medical examination report, doctor opined that death is due to poisoning and the deceased died under unnatural circumstances but in-laws of the deceased has not informed in regard to death of the deceased to police. On perusal of statement of the daughter of the deceased, prima-facie offence is made out against the applicant. Investigating Officer has collected material evidence against the applicant.

9. No interference is warranted. The present application under Section 528 B.N.S.S. lacks merit and is, accordingly, dismissed. November 13, 2025 SKD (Deepak Verma,J.)

1. Heard learned counsel for the applicant and learned AGA.

2. The present 528 B.N.S.S. application has been filed to quash the charge-sheet dated

30.08.2024 as well as entire proceeding of Criminal Case No.3226/IX/2025 (State vs. Manoj Patel and another) arising out of Case Crime No.0459 of 2022, under sections 498-A, 304-B I.P.C. & 3/4 Dowry Prohibition Act, P.S. Atarra, District Banda, pending in the court of Chief Judicial Magistrate, Banda.

3. It is alleged in the FIR that the informant, who is mother of the deceased, lodged FIR against six named accused persons. After about two years of the date of incident, deceased marriage was solemnized with the son of the applicant in the year 2015. Thereafter one daughter was born to them and on 13.08.2020, named accused persons committed murder of the informant's daughter. He further alleged in the FIR informant's younger brother Prabhu Charan Patel, who took money from the accused persons and helped them in manipulation, on that time FIR could not be lodged. The accused person showed deceased died in natural circumstance due to jaundice. After getting knowledge that daughter has been tortured and murdered by the applicant, then present FIR has been lodged. Learned counsel for the applicant next submits that the applicant is mother-in-law of the deceased and deceased was living with the applicant as husband of the deceased, was employed in Railway as Loco Pilot and posted in Banda. The deceased was suffering from jaundice as that she died on 13.08.2020. Learned counsel for the applicant next submitted that the Investigating Officer during investigation recorded statement of the informant and other witnesses related with the deceased but no one supported the prosecution story. Statement of the informant's father and grand mother of the deceased have also not supported the prosecution story. Initially, Investigating Officer submitted charge-sheet only against the husband of the deceased. Thereafter further investigation was done and applicant has been implicated in the present case. He further submitted that the applicant is mother-in-law of the deceased and on perusal of evidence collected by the Investigating Officer, prima- 2 NA528 No. 41998 of 2025 facie no offence is made out against the applicant. All allegation alleged in the FIR is false and baseless. On account of statement of daughter of the deceased, the applicant has been implicated in the present case.

4. Per contra, learned A.G.A. opposed the argument raised by applicant's counsel and submitted that Investigating Officer has collected material evidence against the applicant and as per as medical examination report, victim is said to be died after consuming poison, which is evident from medical examination report and MRD No.14272 dated 13.08.2020 at 11.40 a.m. The daughter of the deceased was also supported the prosecution story and prima-facie offence is made out against the applicant. Burden lies upon the applicant to prove her innocence. Investigating Officer has collected material evidence to prosecute the applicant.

5. The grounds taken in the application reveal that many of them relate to disputed question of fact. This Court is of the view that it is well settled that the appreciation of evidence is a function of the trial court. This Court in exercise of power under Section 482 Cr.P.C. cannot assume such jurisdiction and put an end to the process of trial provided under the law. It is also settled by the Apex Court in catena of judgments that The impugned criminal proceeding against the applicants is abuse of the process of the Court and is liable to be quashed by this Court.the power under Section 482 Cr.P.C. at pre-trial stage should not be used in a routine manner but it has to be used sparingly, only in such an appropriate cases, where it manifestly appears that there is a legal bar against the institution or continuance of the criminal proceedings or where allegations made in First Information Report or charge-sheet and the materials relied in support of same, on taking their face value and accepting in their entirety do not disclose the commission of any offence against the accused. The disputed questions of facts and defence of the accused cannot be taken into consideration at this pre-trial stage.

6. Considering the argument raised by applicants' counsel and perused the record, it is evident that prima facie offence is made out. The Apex Court in its judgment passed in the case of Manik B. Vs. Kadapala Sreyes Reddy and another, 2023 Live Law (SC) 642, para 6 and 7 are quoted herein below:- "6. Whether the testimony of the witnesses is trustworthy or not has to be found out from the examination-in-chief and the cross-examination of the witnesses when they stand in the box at the stage of such trial.

7. Such an exercise, in our considered view, is not permissible while exercising the jurisdiction under Section 482 Cr.P.C."

7. In view of the above, in the light of judgment of the Apex Court in the matters of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, Manik B. Vs. Kadapala 3 NA528 No. 41998 of 2025 Sreyes Reddy & Anr. 2023 LiveLaw (SC) 642, 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, no ground for quashing the proceedings of the aforesaid case, is made out which may call for any interference by this Court in exercise of its inherent power under Section 482 Cr.P.C. as the same do not suffer from any illegality or infirmity.

8. Considered the arguments raised by learned counsel for the applicant. From the record it is apparent that deceased died under unnatural circumstances and as per as medical examination report, doctor opined that death is due to poisoning and the deceased died under unnatural circumstances but in-laws of the deceased has not informed in regard to death of the deceased to police. On perusal of statement of the daughter of the deceased, prima-facie offence is made out against the applicant. Investigating Officer has collected material evidence against the applicant.

9. No interference is warranted. The present application under Section 528 B.N.S.S. lacks merit and is, accordingly, dismissed. November 13, 2025 SKD (Deepak Verma,J.)