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2025 DAILYLAW 5025 (ALL)

RAMU v. STATE OF U.P. AND ANOTHER

A482/1712/2025 · 2025-04-23

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62493 Court No. - 71 Case :- APPLICATION U/S 482 No. - 1712 of 2025 Applicant :- Ramu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Birendra Singh,Swati Singh Counsel for Opposite Party :- Ajay Sengar,G.A. Hon'ble Raj Beer Singh,J. 1. Heard Ms. Swati Singh, learned counsel for the applicant, Ms. Gunjan Yadav, holding brief of Sri Ajay Sengar, learned counsel for opposite party No. 2/complainant and learned A.G.A. for the State. 2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 23.08.2023, of Complaint Case No. 129 of 2022, under Sections 392, 411 I.P.C., Police Station Sirsakalar, District Jalaun, pending in the court of A.S.J./Spl. Judge (D.A.A.), Jalaun at Orai. 3. It has been argued by the learned counsel for the applicant that the impugned complaint has been lodged by opposite party No. 2/complainant making false and baseless allegations. The allegations of robbery, levelled against the applicant, are wholly false. In fact the complainant was having enmity with applicant on account of the fact that applicant has purchased some land at higher price, which was not liked by the complainant. Learned counsel has referred statements of complainant and of witnesses and submitted that the allegations levelled by them are wholly improbable and that no prima facie case is made out against the applicant and that the impugned proceedings are malicious and thus, liable to be quashed. 4. Learned counsel for opposite party No. 2/complainant has opposed the application and submitted that the complainant has made clear allegations that applicant and co-accused persons have assaulted his son and they have snatched Rs. 20,000/- and a mobile phone from him. It is stated that the injured has sustained injuries in the alleged incident. 5. I have considered the rival submissions and perused the record. 6. The legal position on the issue of quashing of criminal proceedings is well-settled that the jurisdiction to quash a complaint, FIR or a charge-sheet should be exercised sparingly and only in exceptional cases. However, where the allegations made in the FIR or the complaint and material on record even if taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused, the charge-sheet may be quashed in exercise of inherent powers under Section 482 of the Cr.P.C. In well celebrated judgment reported in AIR 1992 SC 605 State of Haryana and others Vs. Ch. Bhajan Lal, Supreme Court has carved out certain guidelines, wherein FIR or proceedings may be quashed but cautioned that the power to quash FIR or proceedings should be exercised sparingly and that too in the rarest of rare cases. 7. In the instant matter perusal of record shows that the opposite party No. 2/complainant has alleged that on 25.10.2022 while his son Saurabh was going on motorcycle, in the way applicant and co-accused persons have stopped him and they have abused and assaulted him and they have snatched a mobile phone and Rs. 20,000/- from him. The said version is supported by the injured Saurabh in his statement, recorded under Section 202 Cr.P.C. That version is further supported by injury report of the injured. In view of material on record, it cannot be said that no prima facie case is made out against the applicant. The submissions raised by learned counsel for the applicant call for determination on questions of fact which may be adequately adjudicated upon only by the trial court and even the submissions made on points of law can also be more appropriately gone into only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C. 8. After considering arguments raised by learned counsel for parties and perusing the impugned complaint and the materials in support of the same, no case for quashing of impugned proceedings is made out. The application u/s 482 Cr.P.C. lacks merit and thus, liable to be dismissed. 9. The application u/s 482 Cr.P.C. is accordingly dismissed. Order Date :- 24.4.2025 Anand Digitally signed by :- ANAND VERMA High Court of Judicature at Allahabad