- (1.) Heard learned counsel for the applicants and learned A.G.A. for the State.
(2.) The present application under Section 482 Cr.P.C. has been filed for quashing the entire proceeding of Complaint Case No.2352 of 2014 (Ishrat Jahan Vs. Mohd. Zafar and others), under Sections 323, 498A I.P.C, P.S. Mubarakpur, District Azamgarh pending in the court of Judicial Magistrate Court No.29, District Azamgarh.
(3.) 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 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 relate to the disputed questions 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 cannot be considered at this stage.;