Application No. 14728 of 2017. Case: Nasra Khatoon and Others Vs State of U.P. and Another. High Court of Allahabad (India)

Case NumberApplication No. 14728 of 2017
CounselFor Appellant: Vikas Singh, Adv.
JudgesRajesh Dayal Khare, J.
IssueCriminal Procedure Code - Section 482; Indian Penal Code - Section 452
Judgement DateMay 11, 2017
CourtHigh Court of Allahabad (India)


Rajesh Dayal Khare, J.

Heard learned counsel for the applicants and learned A.G.A. for the State.

This application under Section 482, Cr.P.C. has been filed for quashing the proceedings of case No. 879 of 2017 arising out of case crime No.634 of 2016 under Sections 452 IPC, police station Bhelupur, district Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No.3 Varanasi and also to quash the charge sheet dated 22.1.2017 submitted in the aforesaid case.

It is contended that the dispute is between member of the same family. It is next contended that the matter is of civil nature which has been dragged into criminal prosecution of the applicants at the behest of the opposite party No.2, which is bad in law. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention.

From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicants. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court in exercise of power conferred under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, 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...

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