VINOD PRASAD
AFJAL KHAN – Appellant
Versus
STATE OF U. P. – Respondent
Certainly. Based on the provided legal document, the key points are as follows:
The court exercised its inherent jurisdiction under Section 482 Cr.P.C. to quash certain criminal proceedings, emphasizing that such power should be used sparingly and only in appropriate cases where continuation of the proceedings would cause injustice or abuse of process (!) (!) .
The court outlined the legal principles governing the exercise of its inherent powers, including that proceedings can be quashed if no offence is disclosed on the face of the record, or if there is absolute lack of legal evidence, or if the proceedings are initiated mala fide or with vindictive intent (!) (!) .
The court cautioned against embarking on a roving enquiry into contested facts at the initial stage, stating that the power to quash should be exercised only when the allegations do not prima facie establish any offence or when the evidence is manifestly insufficient or improbable (!) (!) (!) (!) .
The court emphasized that the existence of prima facie evidence against some accused does not automatically warrant quashing proceedings against others unless there is no credible material or specific allegations against them (!) (!) .
The decision clarified that proceedings against certain applicants, where allegations are vague or lack credible evidence, can be quashed to prevent harassment, while proceedings against others with sufficient material should continue (!) .
The court highlighted that allegations of harassment or dowry demand must be scrutinized carefully, and innocent family members should not be harassed based on vague or unsubstantiated claims (!) (!) .
The judgment underscores that the court’s power under Section 482 Cr.P.C. is not to be exercised as a matter of routine but only to prevent abuse of process, miscarriage of justice, or when continuation of proceedings would be unjust (!) (!) (!) .
The court also noted that the assessment of evidence at this stage is limited to whether the allegations, if accepted, could constitute an offence, and that the detailed evaluation of evidence is the trial court’s responsibility (!) (!) .
The court reaffirmed that the inherent power should be exercised with caution and only in the rarest of cases, to avoid unjustified interference with legitimate prosecution (!) (!) .
In this case, proceedings against certain applicants were quashed due to lack of credible evidence and vague allegations, whereas proceedings against others with substantial material were upheld and continued (!) (!) .
These points collectively reflect the principles and reasoning applied by the court in deciding the petition for quashing the criminal proceedings.
Hon’ble Vinod Prasad, J.—A family, father Irfan Khan (A-2),his wife Smt. Hazara Khatoon (A-3) and their sons Afjal Khan (A-1), Amzad Khan (A-4), Ajhar Khan (A-5), Athar Khan (A-6), and their daughter Ambiya Khatoon (A-7) and her husband Shaukat (A-8) have invoked inherent jurisdiction of this Court, under Section 482 Cr.P.C., praying to quash proceedings of their trial in Criminal Complaint Case No. 1076 of 2009, for offences under Section 498-A, 504, 506 I.P.C. and ¾ D.P. Act pending before Additional Chief Judicial Magistrate, Ghazipur and their summoning order dated 2.7.2009 passed thereunder.
2. Complainant respondent wife Shabnam Bano (R-2) was noticed and she has filed a counter-affidavit to which a rejoinder-affidavit has also been filed. A supplementary counter-affidavit has also been filed on her behalf today in the Court which is also taken on record.
3. I have heard Sri Anil Srivastava, learned counsel for the applicants and Sri Ashish Kumar Srivastava and Sri Ajay Kumar Yadav representing complainant-respondent No. 2 and Sri Sangam Lal Kesharwani, learned A.G.A. for respondent-State.
Before delving upon rival submissions, back ground facts, which has germinated
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