PARAMJEET AND ANOTHER v. STATE OF U.P. AND 4 OTHERS
NA528/7548/2025 · 2025-03-06
Vinod Diwakar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24241 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24241 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:34259 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 7548 of 2025 Applicant :- Paramjeet And Another Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ved Prakash Mishra Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J.
1. Heard learned counsel for the applicants, learned A.G.A. for the State-respondents, and perused the record. 2. The present application under Section 482 of Cr.P.C., has been filed with a prayer to quash the charge sheet dated 02.01.2025 and the cognizance order dated 04.01.2025 passed by the Juvenile Justice Board, Moradabad, in the case titled State v. Paramjeet and others arising out of Case Crime No. 910 of 2024, under Sections 137(2) and 142 of B.N.S. and Sections 16/17 of the Protection of Children from Sexual Offences Act, 2012, Police Station Civil Lines, District Moradabad, pending before the Juvenile Justice Board, Moradabad. 3. Learned counsel for the applicants contends that the applicants have been falsely implicated in the present case. It is submitted that the applicants are not named in the FIR, and there is no specific allegation against them for committing any offence as stated in the FIR. The counsel further submits that the mere absence of the applicants' names in the FIR coupled with the lack of any incriminating evidence warrants the quashing of the proceedings. 4. Learned A.G.A. vehemently opposes the application and
submits that there is sufficient material on record to establish the involvement of the applicants. It is contended that the victim, aged 13 years, was allegedly enticed by the main accused to commit the offence as described in the FIR. It is further submitted that the applicants, though not named in the FIR, are alleged to have actively participated and abetted the commission of the crime. 5. The inherent power under Section 482 Cr.P.C. is to be exercised sparingly and with caution. It is settled law that the power to quash criminal proceedings can be exercised only when the allegations made in the FIR or the charge sheet, even if taken at their face value and accepted in entirety, do not prima facie constitute any offence or make out a case against the accused. Mere assertion of false implication, without any cogent evidence or material to support the same, cannot form the basis for quashing the proceedings.
Reliance is placed on the judgment of the Supreme Court in State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335, which laid down the parameters for exercising the inherent powers of the High Court. 6. After hearing learned counsel for the applicants, learned A.G.A. for the State, and upon perusal of the FIR and other materials available on record, prima facie it is apparent that there are sufficient allegations against the applicants to proceed with the trial. The arguments advanced by the applicants' counsel do not satisfy the legal requirements for invoking the inherent powers of this Court under Section 482 Cr.P.C. The allegations are serious in nature, particularly pertains to an offence under the POCSO Act involving a minor victim. 7. In view of the above discussion and considering the facts and circumstances of the case, this Court is of the opinion that the
application is devoid of merit and is accordingly dismissed. Order Date :- 7.3.2025 Anil K. Sharma Justice Vinod Diwakar Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad Digitally signed by :- ANIL KUMAR SHARMA High Court of Judicature at Allahabad