Full Judgment Text
NONREPORTABLE
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL No. 602 OF 2019
(Arising out of S.L.P.(Crl.) No.8074 of 2018)
Tabrez Khan @ Guddu & Ors. ….Appellant(s)
VERSUS
The State of Uttar Pradesh & Anr. ….Respondent(s)
J U D G M E N T
Abhay Manohar Sapre, J.
1. Leave granted.
2. This appeal is filed against the final judgment
and order dated 06.02.2018 passed by the High
Court of Judicature at Allahabad in Application
Signature Not Verified
No.3514 of 2018 whereby the High Court declined
Digitally signed by
ANITA MALHOTRA
Date: 2019.04.05
15:47:40 IST
Reason:
to quash Complaint Case No.3065 of 2016 as well
1
as the summoning order dated 10.03.2017 passed
by the ACJM, Court No.8, Varanasi in the aforesaid
case.
3. A few facts need mention for the disposal of
this appeal, which involves a short point.
4. Respondent No.2 was married to one
Mohammad Pervez in the year 2000. Appellant
No.3 is the mother of Mohammad Pervez and
motherinlaw of respondent No.2. Appellant Nos.1
and 2 are the brothers of Mohammad Pervez and
brothersinlaw of respondent No. 2.
5. Respondent No.2 has filed a complaint case
against the appellants and also against her
husbandMohammad Pervez in the Court of ACJM
Court No.8, Varanasi complaining therein for the
commission of the offences alleged to have been
committed by the appellants qua respondent No.2
under Sections 498A, 323, 504, 506 of the Indian
2
Penal Code, 1860 (hereinafter referred to as “IPC”)
read with Section 3/4 of the DP Act. This case is
still pending.
6. On receipt of the summons of the said
complaint, the appellants felt aggrieved and they
filed an application under Section 482 of the Code
of Criminal Procedure, 1973 (for short “Cr.P.C.) in
the High Court and sought quashing of complaint
and the order issuing summons of the complaint to
them.
7. By impugned order, the High Court declined to
quash Complaint Case No.3065 of 2016 and also
declined to quash the summoning order dated
10.03.2017 passed by the ACJM, Court No.8,
Varanasi in the aforesaid case which has given rise
to filing of this appeal by way of special leave in this
Court by the appellants.
3
8. So, the short question, which arises for
consideration in this appeal, is whether the High
Court was justified in rejecting the application filed
by the appellants under Section 482 of the Cr.P.C.
9. Heard Mr. Amit Pawan, learned counsel for the
appellants and Mr. Vinod Diwakar, learned AAG for
respondent No.1State. None appeared for
respondent No.2 despite service on her.
10. Having heard the learned counsel for the
appellants and respondent No.1 and on perusal of
the record of the case, we are inclined to allow this
appeal, set aside the impugned order, allow the
application filed by the appellants under Section
482 of the Cr.P.C. and quash the aforementioned
complaint filed by respondent No.2 insofar as it
relates to the appellants.
4
11. We have gone through the averments made in
the complaint and on its perusal, we do not find any
justification to proceed against the appellants.
12. In other words, in our view, there does not
appear to be any justification or/and prima facie
case to proceed against the appellants either jointly
or severally for commission of the offences alleged
against them in the complaint. Indeed, the facts
stated against the appellants in the complaint do
not constitute any case as alleged against any of
them.
13. In view of the foregoing discussion, the appeal
succeeds and is accordingly allowed. The impugned
order is set aside. As a consequence, the complaint
filed by respondent No.2 against the appellants is
hereby quashed.
14. We, however, make it clear that the complaint
qua Mohammad Pervez Khanhusband of
5
respondent No.2 will be decided on its merit by the
concerned Magistrate in accordance with law
uninfluenced by any observations made by this
Court because we have not examined the case of
respondent No.2 qua her husband, who is neither a
party to these proceedings and nor he has filed any
petition to challenge the complaint filed against
him.
.………...................................J.
[ABHAY MANOHAR SAPRE]
…...……..................................J.
[DINESH MAHESHWARI]
New Delhi;
April 05, 2019
6