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PRASHANT KUMAR
Alka Sethi – Appellant
Versus
State Of UP – Respondent
JUDGMENT :
Prashant Kumar, J.
1. Before proceeding with the case, at the very outset, upon questioning about the maintainability of the instant Application filed under Section 482 Cr.P.C., Shri Gaurav Kakkar, appearing on behalf of the opposite party no. 5 submits that he has no objection to the maintainability of the application. On his statement, the Court is proceeding with the instant application.
2. Heard Shri Avneesh Tripathi, Advocate and Shri Aishwarya Pratap Singh, Advocate appearing on behalf of the applicants, Shri Gaurav Kakkar, Advocate appearing on behalf of the opposite party no. 5 and Shri Shashi Dhar Pandey & Shri Sudhir Kumar Chandraul, learned AGA for the State-opposite parties and perused the record.
3. The instant applicant under Section 482 Cr.P.C. has been filed by applicants Alka Sethi and her husband Dhruv Sethi seeking quashing of the entire proceedings as well as the impugned summoning and cognizance order dated 24.01.2024 passed by the Court of learned Special Judge (SC/ST Act), Saharanpur in Sessions Case No. 182 of 2024 and the impugned charge-sheet No. 77 of 2023 dated 27.11.2023, arising out of Case Crime No. 78 of 2023 (State vs. Dhruv Sethi and another
The court emphasized that allegations under the SC/ST Act require proof of the accused's awareness of the victim's caste, and misuse of the Act for personal vendetta is impermissible.
The central legal point established in the judgment is the need to prevent the misuse of the provisions of the Scheduled Caste and Scheduled Tribe (Prevention of Atrocities) Act and to discourage dis....
The main legal point established in the judgment is that if the allegations in the FIR do not prima facie constitute a case against the accused, the proceedings can be quashed.
The court reaffirmed that a cognizance order can be quashed if it lacks substantial basis and if allegations raised do not prima facie constitute an offence, highlighting the misuse of protective leg....
The SC/ST Act should not be invoked for civil disputes, and criminal proceedings must not be misused for personal vendettas.
The main legal point established in the judgment is the application of the principles of abuse of process of law and mala fide intentions in filing a complaint, as outlined in State Haryana Versus Bh....
A charge-sheet filed at the dictate of somebody other than the police would amount to abuse of the process of law and hence the High Court ought to have exercised its inherent powers under Section 48....
The absence of public view during the alleged incident and lack of independent witnesses led to the quashing of the FIR under the Atrocity Act and IPC.
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