Court No. - 75

Case :- APPLICATION U/S 482 No. - 9290 of 2021

Applicant :- Upendra Kumar Chowdhary And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Manu Sharma,Dinesh Kumar Pandey

Counsel for Opposite Party :- G.A.

Hon'ble Rajiv Gupta,J.

Heard learned counsel for the applicants, learned A.G.A. for

the State and perused the material available on record.

This application under Section 482 Cr.P.C. has been filed by

the applicants for quashing of the entire proceeding of

Complaint Case No. 630 of 2018, under section 498-A, 323,

504, 506 I.P.C. and section 4 of D.P.Act, District Kushinagar

pending in the court of Judicial Magistrate, Padrauna,

District Kushinagar.

Learned counsel for the applicant has submitted that the

applicants are wholly innocent and have been falsely

implicated in the present case due to ulterior motive.

Learned counsel for the applicant has next submitted that

the O.P. No.2 is the wife of applicant no.1 and false

allegation of additional demand of dowry and torture for

non-fulfilment of additional demand of dowry has been

made against them and have been dragged in the criminal

case, as such, the entire proceeding be quashed.

Learned counsel for the applicants has next submitted that

no offence against the applicants is disclosed and the

present application has been instituted with a malafide

intention for the purposes of harassment. He has also

pointed out certain documents in support of his contention.

Per contra learned A.G.A. has submitted that the allegation

of making additional demand of dowry has been made

against the applicants and an attempt has also been made

to set her on fire by pouring kerosene oil.

From the perusal of the material on record and looking into

the facts of the case, at this stage it cannot be said that no

offence is made out against the applicants. All the

submissions made at the bar relate to the disputed

questions of fact, which cannot be adjudicated upon by this

Court under Section 482 Cr.P.C.

At this stage, disputed question of fact cannot be

considered, therefore, in view of the law laid down by the

Hon'ble Apex Court in the cases of R.P. Kapur Vs. State

of Punjab, AIR 1960 SC 866, State of Haryana Vs.

Bhajan Lal, 1992 SCC (Cri.) 426, State of Bihar Vs.

P.P. Sharma, 1992 SCC (Cri.) 192 and lastly Zandu

Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq

and another, (Para-10) 2005 SCC (Cri.) 283, the prayer

for quashing the entire proceding is refused.

However, it is directed that if the applicants appear and

surrender before the court below within thirty days from

today and apply for bail, their prayer for bail shall be

considered and decided in view of settled law laid down by

this Court in the case of Amrawati and another vs.

State of U.P. reported in 2004 (57) ALR 290 as well as

judgment passed by Hon'ble Apex Court in the case of Lal

Kamlendra Pratap Singh Vs. State of U.P. reported in

2009 (3) ADJ 322 (SC).

With the aforesaid directions, this application is finally

disposed of.

Order Date :- 15.6.2021

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