✦ Uttarakhand High Court · 22 May 2006

H I GH COU RT OF UTTA RA N CH A L v. St at e of Ut t aranchal

No. 606 of 2005C S WAT6 min read

Case at a glance

Judgment

1.

The pet it ion under sect ion 482 Cr.P.C. has been filed for quashing t he chargesheet subm it t ed by t he I .O. in case cr im e No.606/ 2005 and order dat ed 24.10.2005 passed by Chief Judicial Magist rat e, Haridwar in cr im inal case No.5666/ 2005 St at e Vs. Him anshu Chaw la & ot hers under sect ions 498- A I PC and 3/ 4 Dowry Prohibit ion Act . 2 . Brief fact s of t he case are t hat t he respondent No.3 lodged an FI R alleging t herein t hat t he m arr iage was solem nized bet ween t he applicant No.4- Him anshu and respondent No. 3- Neeru on 17. 04.2001 according t o Hindu r it es and cust om s. Out of t heir wedlock , one child was born. I t was furt her alleged t hat t he respondent No.3 was subj ect ed t o ill- t reat m ent and harassm ent by t he applicant s in connect ion w it h dowry dem ands. Thereaft er, t he respondent No. 3 left her m at r im onial house and lodged an FI R. The police invest igat ed t he m at t er and subm it t ed t he chargesheet . The learned Magist rat e t ook cognizance against t he applicant s v ide order dat ed 24.10.2005. Feeling aggr ieved by t his, t he applicant s preferred t he present pet it ion.

3.

Learned counsel for t he applicant s cont ended t hat t he learned Magist rat e has passed t he cognizance order w it hout apply ing t he j udicial m ind and as such t he order passed by t he m agist rat e is ar bit rary and m echanical. I t was furt her cont ended t hat t he respondent No.3 left her m at r im onial house in t he m ont h of March 2003 and t he FI R was lodged in t he m ont h of August 2003. I t was furt her cont ended t hat t he FI R was lodged aft er due consult at ion and it is an aft ert hought . Learned counsel for t he respondent No.3 appeared before t his court and filed count er affidav it . I have gone t hrough t he ent ire record. The chargesheet and t he FI R clear ly disclose t he offence. The st at em ent recor ded under sect ion 161 Cr.P.C. has not been t his pet it ion. The respondent No.3 has filed t he affidav it in which she has st at ed t hat t he allegat ions had been proved against t he applicant s- accused.

Perusal of t he record reveals t hat t he learned Magist rat e has applied his j udicial m ind and t he order is not m echanical. So far as t he cont ent ion t hat t he FI R was lodged aft er due consult at ion concerned, it is a subj ect m at t er of ev idence. This plea can be raised by t he applicant s dur ing t r ial. The t r ial court can only evaluat e t he ev idence of t he applicant s. Now, it is t o be decided whet her t he version of t he applicant s is correct or t he version of t he respondent No.3 is correct . I t is quest ion of fact , which has t o be decided dur ing t he t r ial. This court cannot evaluat e t he disput ed fact s of t he case. This Court cannot decide as t o whet her t he ev idence is reliable or not . I t has been held by t he Hon’ble Apex Court in M . N a r a y a n d a s V s. St a t e o f K a r n a t a k a 2 0 0 4 Cr i .L.J. p / 8 2 2 t hat t he power of quashing a cr im inal proceeding should be exercised very spar ingly and w it h circum spect ion and t hat t oo in t he rarest of rare cases; t hat t he court w ill not be j ust ified in em bark ing upon an enquir y as t o t he reliabilit y or genuineness or ot herw ise of t he allegat ions m ade t he FI R or t he com plaint and t hat t he ext raordinary or inherent powers do not confer an arbit rar y j ur isdict ion on t he Court t o act accor ding t o it s whim or capr ise.

I t has also been held in St a t e o f K a r n a t a k a V s. M . D e v e n d r a p p a & a n o t h e r 2 0 0 2 ( 2 ) SBR p / 1 5 1 t hat while exercising j ur isdict ion under sect ion 482 Cr.P.C., t he High Court w ould not ordinar ily em bark upon an enquir y whet her t he ev idence quest ion is reliable or not or whet her on a reasonable appreciat ion of it accusat ion would not be sust ained. That is funct ion of t he t r ial court .

4.

I t is not per m issible for t he High Court t o look int o m at erials, t he accept abilit y of which is essent ially a m at t er of t r ial. While exercising j ur isdict ion under sect ion 482 Cr.P.C. , it is not possible for t his Court t o act as if it is a t r ial court . { St a t e o f M .P. V s. A w a d h K i sh o r e Gu p t a a n d o t h e r s SCC ( Cr i ) 2 0 0 4 p / 3 5 3 } .

5.

I n v iew of t he above, t he pet it ion lack s m erit and is dism issed. All t he pending m iscellaneous applicat ion( s)

in t his case, if any, shall st and disposed of accor dingly . ( J.C. S. Ra w a t , J.) Dat ed 22.05.2006 LSR

Questions this judgment answers

Which statutory provisions did this judgment involve?

Code of Criminal Procedure, 1973; Indian Penal Code, 1860.

Which court decided this case, and when?

Uttarakhand High Court, on 22 May 2006. The bench was C S WAT.

Precedent status how later indexed judgments have treated this case

No known negative treatment found in the Courts & Cases corpus.

This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.

Why is this linked?

This is the original judgment text, reproduced from the public court record. Always verify it against the official record before relying on it in a filing — check it on Uttarakhand High Court or eCourts case status (search case no. No. 606 of 2005). ← Search more judgments