Hon'ble Rajesh Dayal Khare, J. - (1.) HEARD learned counsel for the applicants and Sri Istiyaq Ali, learned counsel for the opposite party no.2 and learned A.G.A. for the State respondent. On the request of learned counsel for the applicants matter was sent to Mediation Centre on 24.11.2008 and the Mediation Centre, vide its report dated 15.2.2009, has reported that the mediation has failed between the parties. The report of Mediation Centre is on record.
(2.) THE present application has been filed for quashing the proceedings of complaint case no. 281 of 2005 under Section 498A, 323 IPC and Section 3/4 Dowry Prohibition Act, P.S. Tajganj District Agra pending in the court of A.C.J.M., court no. 37, Agra. The contention of the counsel for the applicants is that no offence against the applicants is disclosed and the present prosecution has been instituted with malafide intention for the purposes of harassment. He pointed out certain documents and statements in support of his contentions.
(3.) 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 submission made at the bar relates to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482, Cr.P.C. At this stage only a prima facie case is to be seen in the light of the law laid down by the Supreme Court in cases of R.P. Kapur Vs. State of Punjab, : AIR 1960 SC 866, State of Haryana Vs. Bhajan Lal,, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P. Sharma,, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para -10), 2005 SCC (Cr.) 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, 245(2) or 227/228, 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.;