Rajesh Dayal Khare, J. - (1.) HEARD Sri Santosh Dwivedi, learned counsel for the 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 21.05.2010 had referred the matter to mediation centre. The Incharge mediation centre vide its report dated 13.01.2011 had reported that no agreement took place between the parties, copy of which report is on record.
(2.) THE present 482 Cr.P.C. petition has been filed for quashing the charge sheet dated 31.12.2007 as well as cognizance taking order dated 26.02.2008 and also for quashing the proceedings of Criminal Case No. 678 of 2009 (State Vs. Kashi Ram and others), under Sections 323, 506, 498A I.P.C., and Section 3/4 of Dowry Prohibition Act, pending before learned IIIrd Additional Chief Judicial Magistrate, Varanasi. 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.
(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 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, : A.I.R. 1960 S.C. 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 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.;