- (1.) Heard Sri Arvind Kumar Singh, learned counsel for opposite party No. 2 and learned A.G.A. for the State. On the request of learned counsel for the applicants another Bench of this Court, vide order dated 04.10.2007 had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 29.06.2008 had reported that mediation has failed between the parties, copy of which report is on record. The present 482 Cr.P.C. petition has been filed for quashing the Charge sheet dated 26.01.2007 filed in Criminal Case No. 1114 of 2006, under Sections 498-A, 323, 506 IPC and 3/4 Dowry Prohibition Act, PS Milak, district Rampur and also for quashing the proceedings of aforesaid case and the cognizance taking order dated 28.04.2007.
(2.) It has been averred in the present application under Section 482 Cr.P.C., that no offence against the applicants 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 applicants. All the submissions 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. Moreover, the applicants have got a right of discharge under Section 239 or 227/228, or 245 Cr.P.C. as the case may be through a proper application for the said purpose and they are free to take all the submissions in the said discharge application before the Trial Court.
(3.) The prayer for quashing the proceedings, charge sheet dated 06.01.2007 and cognizance taking order dated 28.04.2007 is refused. Interim order, if any, stands vacated.;