Mukesh And Anr vs State Of U.P. And Anr

Leave granted.

Feeling aggrieved by the impugned order dated 04.08.2015 passed by the High Court of Judicature at Allahabad in Application under Section 482 No. 21970 of 2015 by which the High Court had rejected the said application and refused to quash the complaint/criminal proceedings, the original accused have preferred the present appeal.

We have heard learned counsel for the respective parties at length. We have also perused and considered the complaint filed by the original complainant. Considering the nature of allegations in the complaint, we are of the opinion that the complaint/criminal proceedings are nothing but an abuse of process of law. It is to be noted that the criminal complaint filed by respondent No. 2 was initially for the offence punishable under Sections 307, 323, 504 and 506 of the Indian Penal Code.

However, thereafter the Court took cognizance for the offence punishable under Section 323/506, Indian Penal Code only.

Having noted the allegations in the complaint and the place where the alleged incident had taken place, it appears that the story put forward in the complaint is not believable at all.

The place of the alleged incident was the court premises where the Lok Adalat was organised.

Looking to the allegations, it appears that continuation of the criminal proceedings against the applicant would be nothing but unnecessary harassment to the accused.

Therefore, we are of the opinion that this is a fit case to exercise the powers under Section 482, Cr.P.C. and to quash the criminal proceedings.

For the reasons stated above, the proceedings in Criminal Complaint No. 276/2014 under Section 323/506, IPC, Women's Police Station Nawabad, Jhansi are quashed and set­aside.

The appeal is accordingly allowed to the aforesaid extent.