SMT. JANAK KISHORI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD
                   APPLICATION U/S 482 No. - 14680 of 2022

Smt. Janak Kishori And 2 Others
                                                             .....Applicant(s)
                                   Versus

State of U.P. and Another
                                                                .....Opposite
                                                                      Party(s)

Counsel for Applicant(s)                     :   Salman Ahmad
Counsel for Opposite Party(s)                :   Asharfi Lal, G.A.

Court No. - 82
                 HON'BLE DR. GAUTAM CHOWDHARY, J.

1. This application under Section 482 Cr.P.C. has been filed seeking the
quashing the proceedings of Complaint Case No. 226 of 2020 (5182 of
2019) "Smt. Jyoti Chaudhary Vs. Gajendra Singh Chaudhary and others"
under Sections 498A, 323 I.P.C. read with Section 4 of Dowry
Prohibition Act, Police Station Kotwali Orai, District Jalaun pending
before Civil Judge (J.D.)/F.T.C. (Offence Against Women), District
Jalaun at Orai as well as to quash the summoning order dated 13.10.2021
passed in the aforesaid case.
2. It seems that in order to explore the possibility of an amicable
settlement between the parties, the matter was referred to undergo
mediation proceedings. The report of Mediation Centre dated 13.11.2022
demonstrate that the aforesaid attempt could not succeed and did not bear
any fruit for certain reasons. The Court, therefore, deems it fit to decide
the matter on merits.
3. Heard learned counsel for the applicants, learned counsel for the
opposite party No.2 and learned AGA. Perused the record.
4. All the contentions raised by the counsel for the applicants relate to
disputed questions of fact. The court has also been called upon to adjudge
the testimonial worth of prosecution evidence and evaluate the same on
the basis of various intricacies of factual details which have been touched
upon on behalf of applicants. The veracity and credibility of material
furnished on behalf of the prosecution has been questioned and false
implication has been pleaded. The submissions made by the learned
counsel for the applicants call for adjudication on pure questions of fact
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which may be adequately adjudicated upon only by the trial court and
while doing so even the submissions made on points of law can also be
more appropriately gone into by the trial court in this case. This Court
does not deem it proper, and therefore cannot be persuaded to have a pre-
trial before the actual trial begins.
5. Through a catena of decisions given by Hon'ble Apex Court this legal
aspect has been expatiated upon at length and the law that has evolved
over a period of several decades is too well settled. The cases of (1)
Chandra Deo Singh Vs. Prokash Chandra Bose AIR 1963 SC 1430 , (2)
Vadilal Panchal Vs. Dattatraya Dulaji Ghadigaonker AIR 1960 SC
1113 and (3) Smt. Nagawwa Vs. Veeranna Shivalingappa Konjalgi 1976
3 SCC 736 may be usefully referred to in this regard.
6. The Apex Court decisions given in the case of R.P. Kapur Vs. State of
Punjab AIR 1960 SC 866 and in the case of State of Haryana Vs.
Bhajan Lal 1992 SCC(Cr.) 426 have also recognized certain categories
by way of illustration which may justify the quashing of a complaint or
charge sheet. Some of them are akin to the illustrative examples given in
the above referred case of Smt. Nagawwa Vs. Veeranna Shivalingappa
Konjalgi 1976 3 SCC 736. The cases where the allegations made against
the accused or the evidence collected by the Investigating Officer do not
constitute any offence or where the allegations are absurd or extremely
improbable impossible to believe or where prosecution is legally barred or
where criminal proceeding is malicious and malafide instituted with
ulterior motive of grudge and vengeance alone may be the fit cases for the
High Court in which the criminal proceedings may be quashed. Hon'ble
Apex Court in Bhajan Lal's case has recognized certain categories in
which Section-482 of Cr.P.C. or Article-226 of the Constitution may be
successfully invoked.
7. Illumined by the case law referred to herein above, this Court has
adverted to the entire record of the case.
8. The prayer for quashing the same is refused as I do not see any abuse
of the Court's process either.
9. The interim order, if any, is vacated.
10. At this stage, the learned counsel for the applicants submits that the
applicants have so far not been arrested in the above case and the police is
seeking to arrest the applicants and there may be coercive processes
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                                    issued against the applicants by the court concerned therefore, some
                                    direction may be issued to the court concerned for consideration of the
                                    bail prayer of the applicants.
                                    11. As the Apex Court in Satendra Kumar Antil Vs. Central Bureau of
                                    Investigation and another (Special Leave to Appeal (Crl.) No. 5191 of
                                    2021, decided on 07.10.2021) has already laid down guidelines for grant
                                    of bail, without fettering the discretion of the courts concerned and the
                                    statutory provisions governing consideration in grant of bail, no specific
                                    direction need be issued by this Court as it is expected that the court
                                    concerned will take into consideration the necessary guidelines already
                                    issued by the Apex court.
                                    12. With the aforesaid observations, the application is disposed off.




                                                                                  (Dr. Gautam Chowdhary,J.)
                                    May 12, 2026
                                    S.Ali




Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad