IMPORTANT POINT
Criminal prosecution cannot continue when basic ingredients of offences alleged are missing in charge-sheet.

ORDER :

Leave granted.

1. This appeal is directed against the order dated 23.10.2019 passed by the High Court of Judicature at Allahabad in Criminal Misc. Application No. 471 of 2018.

2. FIR No. 839 of 2016 was registered at Sector 49 Noida, Police Station against the appellant, his parents and relatives on 4.9.2016 alleging commission of offences under Sections 323, 363, 384 and 406 of the Indian Penal Code. The charge sheet was subsequently filed on 22.8.2017 in respect of commission of offences under Sections 323, 384 and 406 I.P.C. Thereafter the accused, including the appellant herein, filed an application under Section 482 Cr.P.C. seeking quashment of the FIR and the consequently filed charge-sheet and the summoning order dated 19.09.2017 issued thereafter. As per the impugned order, the High Court declined to exercise the power under Section 482 Cr.P.C. and consequently dismissed the petition qua the appellant.

3. Heard learned Senior Counsel appearing for the appellant and the learned panel counsel for the State of Uttar Pradesh. Though notice was issued and served on the second respondent, she has chosen not to appear and contest the matter.

4. As noticed hereinbefore, after the investigation, charge-sheet was filed in respect of offences under Sections 323, 384 and 406 of the I.P.C. The first respondent has also filed counter affidavit. We have carefully gone through the materials on record. Having gone through the charge-sheet and the other material on record, we could not find necessary ingredients to attract the offences under Sections 323, 384 and 406 of the I.P.C. qua the appellant.

5. As relates the allegation of commission of offence under Section 323, IPC besides the bald statement ‘when I asked these people about my daughter, they beat up me’ no material whatsoever to support the allegation causation of hurt is available on record much less voluntary causation of hurt. So also, about the demand of a sum of Rs. 20 Lakhs from her father after about 15 days from 12.06.2016 from the house of second respondent’s father in Bareilly, the second respondent (the complainant) in her statement dated 25.09.2016 given to the Investigating Officer, submitted that she did not get registered an FIR or file any complaint in Bareilly. That apart, the unrefuted position of facts revealed from the materials on record is that the appellant herein has already filed a petition for dissolution of his marriage with the second respondent-complainant and also Application No. 13/2016 under Sections 7, 10 and 17 of the Guardians & Wards Act, 1890 (for short ‘G&W Act’) for declaring him as the guardian of the person of the minor daughter by name ‘Anwesha Saxena’ before the learned Principal Judge, Family Court, Gautam Budh Nagar in Uttar Pradesh, on 16.05.2016. FIR No. 839/2016 was registered against the appellant, his parents and relatives on 04.09.2016 on the complaint of the second respondent only on 04.09.2016.

6. Further relevant aspects for the purpose of consideration of the case on hand are that in the Application No. 13/2016 filed under ‘G&W Act’ as early as on 16.05.2016 the Appellant has mentioned clearly that the minor daughter ‘Anwesha Saxena’ is in his custody and beside him, his parents, persons named therein, who are respectively her Nana, Nani, Mama and Mami, are also residing in the house where the daughter ‘Anwesha Saxena’ ordinarily resides. It is months thereafter that the second respondent filed the complaint causing registration of FIR No. 839/2016 and filing of charge-sheet. Add to it, it is relevant to note that in the FIR registered on 04.09.2016 the date of incident is shown as 12.06.2016 at 03.00 AM and date of information is shown as on 04.09.2016 at 09.30 AM and the delay in investigation is recorded as the delay in submitting information by the complainant i.e. the second respondent herein. In the written complaint by the second respondent-complainant, the typed copy of which is produced in this proceeding, it is