MOHAMMAD HANEEFversusState of U.P. AND ANOTHER

         HIGH COURT OF JUDICATURE AT ALLAHABAD

               APPLICATION U/S 482 No. - 32664 of 2024

Mohammad Haneef
                                                               .....Applicant(s)
                                    Versus
State of U.P. and Another
                                                                   .....Opposite
                                                                         Party(s)

Counsel for Applicant(s)                  :   Vijay Prakash Chaturvedi
Counsel for Opposite Party(s)             :   G.A., Shiv Dayal Tiwari

Court No. - 81
                      HON'BLE HARVIR SINGH, J.

1. Heard learned counsel for the applicant, Shri Shiv Dayal Tiwari, learned
counsel for opposite party No.2 as well as learned AGA for State and
perused the material available on record.

2. The instant application under Section 482 of the Code of Criminal
Procedure, 1973 has been filed with the prayer to quash the entire
proceedings of Criminal Complaint Case No.18308 of 2023 (Soni Khan @
Shabana Khatoon Vs. Mohd. Haneef and another) as well as summoning
order dated 30.4.2024 passed by learned Chief Judicial Magistrate, Siddharth
Nagar, under Sections 452, 354 and 323 of Indian Penal Code, 1860, Police
Station Dumariyaganj, District Siddharth Nagar and N.B.W. order dated
22.8.2024.

3. Learned counsel for the applicant submits that, the entire prosecution
story is manipulated and concocted. The complaint of the present case was
lodged as a counter blast to the first information report, earlier lodged by the
mother of the applicant against the opposite party No.2 on 9.4.2023, bearing
Case Crime No. 74 of 2023, under Sections 323, 504 and 506 of IPC. All the
allegations levelled against the applicant are false. Learned counsel for the
applicant further submits that, all the persons, the applicant, complainant/
opposite party No.2 are the member of the same family and there is some
family dispute between the parties. No such incident, as alleged by the
prosecution, has ever taken place, therefore, the proceedings in question are
misuse of process of law and the same are liable to be quashed and set aside.

4. Learned counsel appearing on behalf of opposite party No.2 as well as
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learned AGA opposes the submissions made by learned counsel for the
applicant and submits that, applicant has tried to molest the victim in the
night and tried to outrage her modesty and all the witnesses have supported
the allegations levelled against the applicant, therefore, the instant
application moved under Section 482 CrPC is liable to be dismissed.

5. Having considered the rival contentions of the parties and having perused
the record, it is evident that, the victim in her statement recorded under
Section 200 Cr.P.C., has stated that, the accused- applicant entered her house
and tried to molest her. She further stated that, after alleged incident has
taken place, she reported the matter to her brother and village pradhan.
However, another witness, namely, Mohammad Ali, in his statement
recorded under Section 202 Cr.P.C. has stated that, after the alleged incident,
so many villagers gathered at the spot and the matter was settled. He also
stated that, the alleged incident was also conveyed to the village pradhan. He
further stated that, the accused- applicant used to knock at the door of the
house of victim in the night. It is highly improbable that, a witness would be
watching the house of another person in the night, instead of being at his
own house. It appears that, as if, the said witness was having a regular watch
over the victim's house, while staying away from his own house and
watching as to who is knocking the door of house of the victim, which
appears to be beyond the imagination and superficial. Another witness,
namely, Salihuddin stated that, the victim was sweeping in the house, when
the accused- applicant entered her house and tried to molest her. He also
stated that, many villagers gathered at the spot, however, did not mention
about the presence, or anything conveyed to village pradhan. He also stated
that, the accused- applicant used to knock at the door of house of the victim
in the night, as if this witness also used to watch the activities in the night, as
to what is happening in the house of the victim, thereby staying away from
his own house. Another witness, namely, Bali Mohammad @ Sajid, who is
the husband of the victim and is not the witness, but has corroborated on
narrating the incident by the victim, did not mention about complaining of
the incident to the village pradhan. It has also come on record that, the
victim did not make any such statement that, the accused- applicant used to
knock the door of the house of the victim, whereas she would have very
categorically stated that, the applicant used to knock the door of her house,
however, the other witnesses are narrating the said fact. The statement of
P.W.-3 Bali Mohammad @ Sajid (husband of victim) has been narrated on
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                                    the hearsay of the statement given by the victim. Thus, considering the entire
                                    facts and circumstances of the case and the statement recorded under Section
                                    200 CrPC that of complainant and statement of other witnesses recorded
                                    under Section 202 CrPC, the alleged incident appears to be superficial,
                                    imaginary and the complaint and subsequent proceedings appear to be
                                    misuse of process of law.

                                    6. Thus, the instant application under Section 482 of the Code of Criminal
                                    Procedure, 1973, stands allowed, in view of above and the proceedings, in
                                    question, are hereby quashed and set aside.

                                    May 14, 2026
                                    Gurpreet Singh
                                                                                               (Harvir Singh,J.)




Digitally signed by :-
GURPREET SINGH
High Court of Judicature at Allahabad