Court No. - 72 Case :- APPLICATION U/S 482 No. - 7248 of 2020 Applicant :- Rohtash Kumar Alias Pintu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Kumar Sharma Counsel for Opposite Party :- G.A.,R.P.S. Chauhan Hon'ble Deepak Verma,J. 1. Heard Shri Sachin Kumar Sharma, learned counsel for the applicants, Shri R.P.S. Chauhan, learned counsel for the opposite party no. 2 and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 08.10.2019 and cognizance order dated 02.12.2019 as well as entire proceedings of Case No. 3003 of 2019 (State of U.P. versus Rohtash Kumar alias Pintu & Others) arising out of Case Crime No. 23 of 2019 registered under Sections 498- A, 323 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District-Rampur pending before Additional Chief Judicial Magistrate, Rampur. 3. Pursuant to the earlier order of a Coordinate Bench of this Court dated 24.02.2020, the matter was referred for mediation before the Mediation and Conciliation Centre, High Court, Allahabad. As per report of the Mediation and Conciliation Centre dated 01.07.2022, the mediation has been completed and the parties have failed to arrive at an agreement. Hence, this Court is proceeding to decide the present case on merit. 4. Per contra, learned A.G.A. opposed the arguments raised by applicants' counsel and submits that arguments raised by learned counsel for the applicants are factual aspects of the matter, which cannot be considered at this stage. 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 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. The present application under Section 482 Cr.P.C. lacks merit and is, accordingly, dismissed. Order Date :- 24.7.2025 SY Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad Digitally signed by :- SWETA YADAV High Court of Judicature at Allahabad