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Judgment
Rakesh Saksena, J.—Heard. Applicant Sukhram Kolare has filed this application u/s 482 of the Code of Criminal Procedure for quashing of the criminal proceedings pending against him in the Court of Judicial Magistrate First Class, Parasiya in Criminal Case No. 451/2013.
On the report lodged by Smt. Neetu Kolare, a case u/s 498-A /34 of the Indian Penal Code and Section 3 /4 of the Dowry Prohibition Act was registered against five accused persons. Neetu Kolare made allegations that after marriage accused persons made demand of dowry and on not meeting the said demand accused persons harassed her and subjected her to cruelty.
Learned counsel for the applicant submits that no allegation against the applicant was made in the first information report and the statement recorded u/s 161 of the Code of Criminal Procedure by other witnesses. However, in the statement of complainant recorded on 4.5.2013, she made allegations against the applicant also. Learned counsel submits that in view of this belated disclosure against the applicant, the evidence of complainant appears unreliable, therefore, this criminal case against the applicant deserves to be quashed.
Learned counsel for the State has opposed the prayer made by learned counsel for the applicant.
It is settled position of law that the criminal proceedings against a person cannot be quashed on the basis of reliability/ unreliability of the evidence. In the exercise of inherent powers, High Court cannot enter into appreciate the evidence for holding that the evidence adduced by the prosecution was not reliable. It is the domain of the trial Court to appreciate and examine the evidence during trial. I find no ground to entertain this application. Accordingly, this application is dismissed.