The High Court's inherent powers to quash proceedings must be exercised cautiously, allowing investigations to proceed unless allegations are absurd or do not constitute an offence.

JUDGMENT :

SANJAY KUMAR PACHORI, J.

1. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (hereinafter referred to as “ BNS S ”) has been filed for quashing the entire proceedings of Criminal Case No. 5371 of 2024 (State vs. Raghvendra Singh), arising out of Case Crime No. 145 of 2024, under Sections 115 (2), 351 (3), 352, 110, 117(2) of Bharatiya Nyay Sanhita ( BNS ) (equivalent to Sections 323 , 506, 504, 308, 325 of IPC ), P.S. Civil Lines, District Etawah as well as cognizance/summoning order dated 22.10.2024, pending in the court of Chief Judicial Magistrate, Etawah.

2. Brief facts of the case are that the FIR dated 05.07.2024 has been lodged against the applicant and two other unknown persons alleging that marriage of first informant was solemnized with the present applicant on 11.03.2018 but due to some matrimonial disputes first informant is residing in her parental house. On 04.07.2024 she had gone to the civil court for doing pairavi in a case related to the maintenance and domestic violence, at the same time the present applicant threatened the first informant to withdraw all the cases. At about 2.00 P.M. on the same day the applicant and two other unknown persons came and abused the first informant and pulled her hair and committed marpeet with her. Due to this marpeet first informant became seriously injured and sustained injuries over the whole body including head. On her crying the applicant and other co-accused persons fled away from the place of incident by car.

2(i) After lodging of the FIR on 05.07.20224 at 23.11 hours, medical examination of the first informant has been conducted on 04.07.2024 at 2.44 P.M. (within 45 minutes of the incident), wherein injuries, which have been found are as under:

(a) Incised wound of 6.9 cm x 0.8 cm. over left parietal region of clear cut margin fresh bleeding present.

(b) Abraded contusion of 7.8 cm x 1.9 cm over anterior aspect of over hyoid bone, no bleeding present, red in colour and advised X-ray of neck.

(c) Abrasion of 4.8 cm x 3.9 cm over left lower back, no bleeding present.

(d) Abrasion of 5.8 cm x 2.1 cm over anterior aspect of right elbow from right knee joint, no bleeding present, red colour.

(e) Contusion of 4.2 cm x 3.6 cm over right side chest with breath difficulty.Reddish in colour KUO advised X-ray of chest.

2(ii) After completing the investigation charge sheet has been submitted against the applicant, and the learned Magistrate took cognizance on 22.10.2024, under Section 115 (2), 351(3), 352, 110, 117 (2) BNS (equivalent Sections 323 , 504, 506, 308, 325 IPC ) against the applicant.

3. Learned counsel for the applicant submits that the opposite party no. 2 herself dispossessed the applicant and mother of the applicant from matrimonial house. In this regard one Complaint No. 47/12 of 2022 (Sonkali vs. Supriya and another), under Section 12 (1) of Protection of Women From Domestic Violence Act, 2005 has been filed against the first informant. The first informant lodged Case Crime No. 312 of 2024, under Sections 85 , 115(2), 351(2) of B.N.S. (equivalent Sections 498-A, 323, 506 of IPC ) and Section 3/4 of Dowry Prohibition Act on 07.11.2024. One Maintenance Case No. 31 of 2023 (Supriya Yadav vs. Raghvendra Singh), under Section 125 Cr.P.C. and one Complaint Case No. 13 of 2023, under Section 12 of Protection of Women from Domestic Violence have also been filed by the first informant against the applicant. It is further submitted that the offence punishable under Sec