Utt HC | Power under S. 482 CrPC should not be exercised to stifle legitimate trial and in cases where facts are hazy; criminal application dismissed

Uttaranchal High Court: N.S. Dhanik, J. contemplated a criminal application for quashing of the FIR filed against the applicant-husband by his wife for alleged cruelty and criminal intimidation under the relevant sections of IPC.

The respondent had filed an FIR against the applicant and his relatives for harassing and treating her with cruelty for an alleged dowry to an extent that the respondent had to leave her matrimonial house and reside somewhere else. On the impugned FIR the police conducted an investigation and thereafter filed a charge-sheet against the applicant. Applicant was duly summoned by the Magistrate. Charges against the applicant were under Sections 323, 498-A, 504, 506 IPC.

Vikas Kumar Guglani, learned counsel for the applicant submitted that it was a matrimonial dispute and was a private affair between the husband and wife but due to certain misunderstandings the FIR was registered, hence for the betterment of the institution of marriage the Court must quash the proceedings against the applicant.

The Court thus stated that it was settled law that the power under Section 482 CrPC should be exercised very sparingly and this power should not be exercised to stifle the legitimate trial and in cases where facts are hazy. Court doesn’t find reason to interfere in the proceedings against the applicant. However, it directed that if the accused-applicant surrendered him before the Magistrate concerned, his bail application was to be considered and decided as expeditiously as possible.[Ramesh Chandra Joshi v. State of Uttarakhand, 2019 SCC OnLine Utt 505, decided on 17-06-2019]

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