IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL
U.C. DHYANI, J.
Pankaj Agarwal – Applicant
versus
State of Uttarakhand & another - Respondents
Criminal Misc. Application (C-482) No. 342 of 2017
Decided On : 10-07-2017
Section 482 Cr.P.C. - Quashing of Criminal Proceedings - Sections 389, 420, 504, 506 IPC - The court discussed the scope of discharge, the principles for framing charges, and the exercise of jurisdiction under Section 482 Cr.P.C. The court emphasized that the accused should not be discharged or the proceedings quashed if the allegations prima facie establish the offence and if there is substantial compliance with the requirements of the offence.
Fact of the Case:
The applicant sought to quash the judgment and order passed in a criminal case involving allegations of cheating, blackmailing, defamation, and criminal conspiracy. The accused-applicant argued that the present FIR was a counterblast to another FIR lodged by the applicant against the respondent. The complainant alleged that the accused extorted money, made false marriage proposals, and lodged a false FIR against the complainant.
Finding of the Court:
The court dismissed the application under Section 482 Cr.P.C., emphasizing that the factual controversy need not be gone into by the court in exercise of its inherent jurisdiction. The court highlighted that the accused should not be discharged or the proceedings quashed if the allegations prima facie establish the offence and if there is substantial compliance with the requirements of the offence.
Issues: The issues involved the exercise of jurisdiction under Section 482 Cr.P.C., the scope of discharge, and the principles for framing charges.
Ratio Decidendi: The court emphasized that the accused should not be discharged or the proceedings quashed if the allegations prima facie establish the offence and if there is substantial compliance with the requirements of the offence.
Final Decision: The application under Section 482 Cr.P.C. was dismissed, and liberty was granted to the applicant to place all the factual pleas before the trial court for securing his acquittal at an appropriate stage.
U.C. Dhyani, J.
1. By means of present application under Section 482 Cr.P.C., the applicant seeks to quash the judgment dated 23.12.2016, passed in criminal revision no. 91 of 2016, Pankaj Agarwal vs. State of Uttarakhand, passed by Addl. Sessions Judge II, District Nainital and order dated 21.07.2016, passed by Addl. Chief Judicial Magistrate, Haldwani, District Nainital in criminal case no. 2607 of 2014, State vs. Jyoti Singh and another, as also entire proceedings of criminal case no. 2607 of 2014, State vs. Jyoti Singh and another, under Sections 389, 420, 504, 506 IPC, police station, Haldwani, pending before Addl. Chief Judicial Magistrate, Haldwani, District Nainital.
2. An application for discharge was moved on behalf of the accused-applicant. Learned Addl. Chief Judicial Magistrate, Haldwani by an elaborate order dated 21.07.2016, dismissed such an application and found that there was sufficient material on record to frame the charge against the accused-applicant. Aggrieved against the same, accused-applicant preferred criminal revision, which was dismissed by learned II Addl. Sessions Judge, Nainital, vide order dated 23.12.2016, again, by an elaborate order. The Court need not repeat the grounds on the basis of which such application was dismissed. Still feeling aggrieved against the same, present application under Section 482 Cr.P.C. has been filed by the accused-applicant expecting that this Court will exercise its inherent jurisdiction to come to his rescue.
3. FIR against the accused-applicant and another was sent by the complainant (respondent no. 2 herein) from jail, alleging therein, that the complainant was appointed on the post of Finance Officer, in the Directorate of Training and Employment, Haldwani in June 2011. In February 2012, Jyoti Singh started working as Junior Assistant through UPNL. Divorce was granted to the complainant by Family Court, Allahabad in March 2010, an appeal against which was pending before Hon’ble Allahabad High Court. Firstly, in August 2012, Jyoti Singh sent an SMS and thereafter she started making contact with him on one pretext or another. Jyoti Singh told the complainant that she is not happy with her husband, who used to beat her and is a characterless person. In November 2012, Jyoti Singh put marriage proposal before the complainant, on which he told her that he will only marry her after finalization of the divorce case. Her sisters also gave their consent to this. Jyoti Singh and Pankaj Agarwal filed a divorce case, with mutual consent, in Decemebr 2012, which was decided in February 2013, but Jyoti Singh and Pankaj Agarwal, used to live as husband and wife even after getting divorce. In order to show trust on me, Jyoti Singh made the complainant as nominee in SBI General Policy and showed her relation as spouse. In the meantime, complainant and accused visited Kwaja Sharif Dargah, Ajmer; Shridi Mandir and at various temples in Haridwar for darshan and performed religious service together. Jyoti continuously used to extort money from the complainant in the name of her children and husband. As the complainant had full belief that after finalization of his divorce case, Jyoti Singh will marry him, so he introduced her to his family members, close friends and colleagues of his office. Jyoti used to visit the complainant with her freewill and used to take money from him and usually stays at the house of Pankaj. Jyoti and Pankaj continuously used to demand money from the complainant and on being refused, Pankaj quarrels with the complainant by threatening him to implicate in a false case. Pankaj also used to threat the complainant on his father’s mobile no. 9450619233. When the divorce case of the complainant got finally adjudicated, he asked for marriage, then Pankaj demanded a sum of Rs. 25 lakhs and Jyoti used to give him a slip on marriage on one pretext or other. On 31st December 2013, complainant straight away told Jyoti that if she will not marry him now and not r
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