ZARRAR AHMAD KHAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Shri Sameer Jain, learned counsel for the applicants and Shri Mayank Krishna Singh Chandel, learned counsel for the opposite party no. 2 as well as learned AGA for the State.

(2.) The present application u/s 482 Cr.P.C . has been filed by the applicants with the prayer to quash the charge sheet dated 17.03.2017 as well as the entire proceeding of Case No. 444 of 2017 (State Vs. Zaddar Ahmad and others), arising out of Case Crime No. 177 of 2016, under Sections 406 , 417 , 504 , 506 IPC, Police Station Dhina, District Chandauli pending in the court of Civil Judge (S.D.) F.T.C., Chandauli.

(3.) Submission of learned counsel for the applicants was that no prima facie case is made out against the applicants for the offences levelled against them in the present matter. Concerned Magistrate while taking cognizance on the charge sheet did not apply judicial mind. It was further submitted that none of the ingredients of the offence under Sections 417 and 406 IPC are available in the present matter against the applicants. Mere failure to keep the promise of marriage will not be sufficient to attract the aforesaid offences. At this juncture, learned counsel for the applicants referred to the contents of the FIR as well as statement of the witnesses recorded under Section 161 Cr.P.C. and further argued that present criminal prosecution has been started with mala fide intention only to put pressure upon the applicants for marriage. It was further submitted that if entire prosecution case is taken into consideration then also applicants never gave assurance to opposite party no. 2 to return the amount said to have been given by opposite party no. 2. It was further submitted that offences under Sections 406 and 417 IPC are not attracted against the applicant no. 4. At this juncture, learned counsel for the applicants placed reliance on the decisions of Apex Court in V.P. Shrivastava Vs. Indian Explosives Ltd. and others (2010) 10 SCC 361 and Anand Kumar Mohatta and another Vs. State (Govt. of NCT of Delhi) Department of Home and another, AIR 2019 SC 210.