- (1.) Heard learned counsel for the applicant as well as learned A.G.A. and perused the material placed on the record. The present 482 Cr.P.C. petition has been filed for quashing the proceedings of Complaint Case No. 1339 of 2010 ( Anurag Gaud Versus Smt. Aruna Gaud), under Sections 498, 504 and 506 I.P.C., Police Station Sadar Bazar, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra.
(2.) The contention of the counsel for the applicant is that no offence against the applicant is disclosed and the present prosecution has been instituted with a malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contention. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant. All the submission made at the bar relates to the disputed question of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, 1960 AIR(SC) 866, State of Haryana Vs. Bhajan Lal, 1992 SCC(Cri) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC(Cri) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another, 2005 SCC(Cri) 283. The disputed defence of the accused cannot be considered at this stage.
(3.) The prayer for quashing the proceedings is refused. However, the applicant has got right of discharge at proper stage. However, it is provided that if the applicant appears and surrenders before the courts below within 3 weeks from today and applies for bail, then his prayer for bail shall be considered in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P., 2004 57 AllLR 290 (affirmed by Hon'ble Apex Court in Kamlendra Pratap Singh Versus State of U.P.),. For a period of 3 weeks from today or till the disposal of the application for grant of bail whichever is earlier, no coercive action shall be taken against the applicant. However in case the applicant does not appear before the Court below within the aforesaid period, coercive action shall be taken against him. With the aforesaid observation, the application is finally disposed of.;