Dr. Sukesh Kumar vs State of H.P. and Others

Dharam Chand Chaudhary, J.—Petitioner, by way of this petition, has approached this Court for quashing the proceedings emanated from FIR No. 102 of 2013 registered u/s 3(1)(x) of the Prevention of Atrocity Act, 1989 read with Sections 504 and 506 of Indian Penal Code.

The allegations, in a nutshell, as disclosed from the record available at this stage, against the accused-petitioner are that on 12.6.2013 around 9.00 a.m. he allegedly called the complainant, Manjeet Kaur by caste and also threatened her with dire consequences. On the complaint so made by aforesaid Manjeet Kaur, the aforesaid case has been registered against the accused-petitioner. The police has conducted the investigation and filed the report in the Court u/s 173 Cr.P.C.

Shri Anand Sharma, Advocate, learned counsel has forcefully contended that from the record no case against the accused-petitioner is made out and, as such, the criminal proceedings initiated against him be quashed and set aside.

On the other hand, learned Additional Advocate General on the basis of allegations so made has contended that cogent and reliable evidence as has come on record suggests the involvement of the accused-petitioner in the above case. Also that the case is now fixed for consideration of charge on 15th May, 2014. Therefore, according to Mr. Khan, the accused-petitioner is at liberty to raise all these points in his defence before the trial Court at the time of consideration of charge.

Before coming to the rival submissions, it is desirable to take note of the legal principles settled by the Apex Court and also various High Courts, applicable in the case of this nature. The Rule is that the criminal proceedings should not be throttled down at the very threshold whereas if the evidence available on record, if taken as it is, not sufficient to bring the guilt home to the accused to continue the criminal proceedings against him or not, is an exception to quash the proceedings. The present, however, is not found to be an exceptional case for the reason that from the record available at this stage a prima facie case is made out against the accused-petitioner as he called the complainant and other members of her family by their caste and also threatened them to teach the lesson. Otherwise also, the offence is made out or not and the present is a fit case where the charge against the accused-petitioner has to be framed or not, is absolutely within the domain of the competent Court to consider and decide at an appropriate stage. The accused-petitioner may appear in the Court below and is at liberty to raise all the defences including the one raised in this petition. So far as the present petition is concerned, no case is made out to invoke the inherent powers vested in this Court u/s 482 Cr.P.C. Therefore, there is no substance in this petition.

For all the reasons hereinabove, this petition stands disposed of. The observations made in this judgment shall remain confined to the disposal of this petition and will have no bearings on the merits of the case. Pending applications, if any, shall also stand disposed of.