Neutral Citation No. - 2025:AHC:48459 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32269 of 2018 Applicant :- Pavneet Gandhi @ Mikku Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Deepak Upadhyay,Lal Mani Singh,Manu Raj Singh,Nidhi Singh,Sarvesh Kumar Mishra Counsel for Opposite Party :- Ashwini Kumar Awasthi,G.A.,Manish Tiwary(Senior Adv.),Sharique Ahmed Hon'ble Manoj Bajaj,J. Applicant has filed this application under section 482 Cr.P.C. for quashing of charge-sheet dated 16.02.2018 including order dated 20.08.2018 as well as the entire proceedings of S.T. No.284 of 2018 titled : State Vs. Pavneet Gandhi and others; arising out of Case Crime No.9 of 2018, under sections 498A, 304B, 323 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station Kohna, District Kanpur Nagar. Learned counsel for the applicant-husband has argued that the opposite party no.2 had falsely implicated the applicant in the above case which relates to unnatural death of his wife, wherein the charge-sheet under section 173(2) Cr.P.C. has been filed against him. He further submits that though the charges against the applicant were framed on 20.10.2018, but at that stage the trial Court had not examined the material on record, particularly the dying declaration by the victim, who had attributed the occurrence to the applicant. He submits that the prosecution of the applicant is nothing but an abuse of process of law, therefore, it would be in the interest of justice if the criminal proceedings directed against the applicants are quashed. During the course of hearing, it is not disputed by learned counsel that the parents of the applicant had faced the trial and they have been acquitted vide judgement dated 18.07.2023. At this stage, learned counsel submits that once the parents have been acquitted, the continuation of trial against the applicant would be a futile exercise, therefore, he reiterates his prayer for quashing of criminal proceedings. The prayer is opposed by learned State Counsel assisted by learned counsel for the complainant who have argued that the case of the prosecution is not solely based upon the dying declaration of the victim, but the other evidence has also been relied upon. Further, at the stage of framing of charges, only a prima facie case is to be seen against the accused, therefore, the prosecution deserves an opportunity to discharge the onus. It is prayed that the application be dismissed. After hearing learned counsel for the parties and considering their submissions, this Court finds that the acquittal of parents of the applicant cannot be construed as a valid ground for quashing the criminal proceedings qua the applicant, as the evidence adduced by the prosecution during their trial cannot be read in favour of the applicant. Concededly, the trial proceedings qua the applicant were stayed by this Court and he did not participate in the trial. That apart, the judgement of acquittal dated 18.07.2023 has not yet attained finality as an appeal bearing No.531 of 2023 against acquittal of parents is pending adjudication. Even otherwise, once the co-accused of the applicant had faced the trial, the applicant- accused cannot escape trial. Thus, this Court does not find it to be a fit case for exercising the inherent powers under Section 482 Cr.P.C. Resultantly, without meaning any expression of opinion on the merits of the case, the application is dismissed. Order Date :- 4.4.2025/ Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad