State of U.P. and Another v. Party

2. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding as well as order dated 12.01.2023 passed by Sessions Judge, Kannauj in Criminal Revision No. 67 of 2022 and order dated 26.08.2022 in Complaint Case No. 5694 of 2021, under Sections 323, 354Kha I.P.C., Police Station Kotwali, District Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

3. It is alleged in the complaint that on 06.09.2021 at about 09:00 AM, when the victim was watering a tree in the ground behind her house, then Shrikrishna Sharma, stood on his roof and started doing obscene things and applicant exalted his son (applicant) to commit murder of the informant. The applicant entered in the house of the informant and committed mar peet and try to commit rape. When she entered and some person came then applicant fled away.

4. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case on account of property dispute as the applicant and opposite party no.2 was neighbour. It is further submitted that 2 A482 No. 9691 of 2023 the present complaint has been initiated against the applicant with ulterior motive. It is next submitted that the informant/opposite party no.2 with malicious intention has already initiated various criminal proceedings against the applicant. In the year, 2016, she lodged NCR under Sections 323, 505 IPC against the father and mother of the applicant. Thereafter, she lodged an F.I.R. in the year, 2018 under Sections 454, 308 IPC against all the family members of the applicant and thereafter in the year, 2020, she also lodged a complaint no.429 of 2020, under Sections 323, 504, 506 IPC. It is further submitted that in the year, 2021, the informant lodged another F.I.R. under Sections 294, 323 IPC. The proceeding initiated under Sections 354, 380 IPC, the applicant has been acquitted by the trial court and proceeding initiated under Sections 294, 323, 506 IPC, in which, Investigating Officer has submitted final report. The Investigating Officer has not collected any evidence during investigation against the applicant. initiated by the proceeding family members

5. It is next submitted that the applicant with malicious intention and only to harass the applicant lodged F.I.R. with ulterior motive. The Investigating Officer after investigation has not found any material against the applicant and his informant/opposite party no.2 by way of lodging of F.I.R. and complaint. It is further submitted that a suit was filed by the mother of the opposite party no.2 bearing Suit No.23 of 2010, in which, both the parties has compromised the matter and same was decreed on the terms of the compromise on 12.04.2014. Thereafter, opposite party no.2, mother and her brother with malicious intention only to harass the applicant filed Civil Suit No.67 of 2016 with prayer to grant permanent injunction and defendant be restrained to any constructions in the property in dispute. On perusal of the contents of the complaint and statement of witnesses, no offence under aforesaid section is made out and allegation of assault has not been supported by substantive evidence as well as medical examination report. The complaint is not supported by any medical examination report and the contents of complaint and statement recorded under Sections 200 & 202 Cr.P.C. is also not disclose any offence against the applicant that criminal proceeding be continued. Moreover, the opposite party no.2 and her family member earlier also had initiated proceeding against the applicant only with intention to harass and demoralize on account of civil dispute as well as to satisfy her personal vengeance. Continuance of proceeding against the applicant in aforesaid section is just abuse of process of Court.

6. On the other hand, learned AGA vehemently opposed the prayer. 3 A482 No. 9691 of 2023

7. Considering the arguments of learned counsel for the applicant and from the perusal of the record, it is apparent that the applicant and opposite party no.2 are neighbour and dispute in regard to property and constructions over the property is pending and civil suit is pending between the parties and from the record, it is also apparent that the opposite party no.2 has already initiated criminal proceeding against the applicant and Investigating Officer has not found any evidence against the applicant in that proceeding. The instant complaint has lodged with malicious intention only to harass the applicant as the dispute in regard to property is pending and applicant and opposite party no.2 are neighbour. It is also apparent from the perusal of the complaint and statement, the allegation in regard to commission of rape by the applicant is not supported by any medical examination report and summons has been issued under Sections 323, 354-Kha IPC. The evidence under Section 323 IPC is not supported by any medical examination and statement of the complainant as well as victim recorded under Section 200 Cr.P.C. not disclosing material evidence to prosecute the applicant under the aforesaid sections. The statement recorded under Section 202 Cr.P.C. is also not corroborative with the contents of complaints and statement recorded under Section 200 Cr.P.C. The story in whole creates doubt in regard to offence under Section 354 Kha IPC, that victim is said to be mature lady was knocked down on the ground without putting her any pressure and victim having no injuries create doubts over story framed. The repetitive registration of F.I.R. and criminal complaint by the informant and their families against the applicant making allegations some what similar to allegation lodged in the present complaint prima facie reveals the bad intention of the opposite party no.2/complainant. Submission of the learned counsel for the applicant is that registration of present complaint against the applicant is only to harass the applicant as they are neighbour and civil dispute is pending between them. The complaint cannot be accepted as evidence available on record is not disclosing offence under aforesaid sections more so they have initiated various criminal as well as civil proceeding against the applicant. Proceeding initiated against the applicant prima facie appears abuse of process of court. Hence, the application is liable to be allowed.

8. Accordingly, the present application u/s 482 Cr.P.C. is allowed.

9. The entire proceedings of the order dated 12.01.2023 passed by Sessions Judge, Kannauj in Criminal Revision No. 67 of 2022 and order dated 26.08.2022 in Complaint Case No. 5694 of 2021, under Sections 323, 354Kha I.P.C., Police Station Kotwali, District Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj is hereby quashed against the applicant. October 14, 2025 Sanjeet 4 A482 No. 9691 of 2023 (Deepak Verma,J.) SANJEET KUMAR YADAV High Court of Judicature at Allahabad

2. Heard learned counsel for the applicants; learned A.G.A. for the State and perused the record.

2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding as well as order dated 12.01.2023 passed by Sessions Judge, Kannauj in Criminal Revision No. 67 of 2022 and order dated 26.08.2022 in Complaint Case No. 5694 of 2021, under Sections 323, 354Kha I.P.C., Police Station Kotwali, District Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj with a further prayer that proceedings of the aforesaid case be stayed against the applicants during the pendency of the present application.

3. It is alleged in the complaint that on 06.09.2021 at about 09:00 AM, when the victim was watering a tree in the ground behind her house, then Shrikrishna Sharma, stood on his roof and started doing obscene things and applicant exalted his son (applicant) to commit murder of the informant. The applicant entered in the house of the informant and committed mar peet and try to commit rape. When she entered and some person came then applicant fled away.

4. Counsel for the applicant submits that applicant is innocent and has been falsely implicated in the present case on account of property dispute as the applicant and opposite party no.2 was neighbour. It is further submitted that 2 A482 No. 9691 of 2023 the present complaint has been initiated against the applicant with ulterior motive. It is next submitted that the informant/opposite party no.2 with malicious intention has already initiated various criminal proceedings against the applicant. In the year, 2016, she lodged NCR under Sections 323, 505 IPC against the father and mother of the applicant. Thereafter, she lodged an F.I.R. in the year, 2018 under Sections 454, 308 IPC against all the family members of the applicant and thereafter in the year, 2020, she also lodged a complaint no.429 of 2020, under Sections 323, 504, 506 IPC. It is further submitted that in the year, 2021, the informant lodged another F.I.R. under Sections 294, 323 IPC. The proceeding initiated under Sections 354, 380 IPC, the applicant has been acquitted by the trial court and proceeding initiated under Sections 294, 323, 506 IPC, in which, Investigating Officer has submitted final report. The Investigating Officer has not collected any evidence during investigation against the applicant. initiated by the proceeding family members

5. It is next submitted that the applicant with malicious intention and only to harass the applicant lodged F.I.R. with ulterior motive. The Investigating Officer after investigation has not found any material against the applicant and his informant/opposite party no.2 by way of lodging of F.I.R. and complaint. It is further submitted that a suit was filed by the mother of the opposite party no.2 bearing Suit No.23 of 2010, in which, both the parties has compromised the matter and same was decreed on the terms of the compromise on 12.04.2014. Thereafter, opposite party no.2, mother and her brother with malicious intention only to harass the applicant filed Civil Suit No.67 of 2016 with prayer to grant permanent injunction and defendant be restrained to any constructions in the property in dispute. On perusal of the contents of the complaint and statement of witnesses, no offence under aforesaid section is made out and allegation of assault has not been supported by substantive evidence as well as medical examination report. The complaint is not supported by any medical examination report and the contents of complaint and statement recorded under Sections 200 & 202 Cr.P.C. is also not disclose any offence against the applicant that criminal proceeding be continued. Moreover, the opposite party no.2 and her family member earlier also had initiated proceeding against the applicant only with intention to harass and demoralize on account of civil dispute as well as to satisfy her personal vengeance. Continuance of proceeding against the applicant in aforesaid section is just abuse of process of Court.

6. On the other hand, learned AGA vehemently opposed the prayer. 3 A482 No. 9691 of 2023

7. Considering the arguments of learned counsel for the applicant and from the perusal of the record, it is apparent that the applicant and opposite party no.2 are neighbour and dispute in regard to property and constructions over the property is pending and civil suit is pending between the parties and from the record, it is also apparent that the opposite party no.2 has already initiated criminal proceeding against the applicant and Investigating Officer has not found any evidence against the applicant in that proceeding. The instant complaint has lodged with malicious intention only to harass the applicant as the dispute in regard to property is pending and applicant and opposite party no.2 are neighbour. It is also apparent from the perusal of the complaint and statement, the allegation in regard to commission of rape by the applicant is not supported by any medical examination report and summons has been issued under Sections 323, 354-Kha IPC. The evidence under Section 323 IPC is not supported by any medical examination and statement of the complainant as well as victim recorded under Section 200 Cr.P.C. not disclosing material evidence to prosecute the applicant under the aforesaid sections. The statement recorded under Section 202 Cr.P.C. is also not corroborative with the contents of complaints and statement recorded under Section 200 Cr.P.C. The story in whole creates doubt in regard to offence under Section 354 Kha IPC, that victim is said to be mature lady was knocked down on the ground without putting her any pressure and victim having no injuries create doubts over story framed. The repetitive registration of F.I.R. and criminal complaint by the informant and their families against the applicant making allegations some what similar to allegation lodged in the present complaint prima facie reveals the bad intention of the opposite party no.2/complainant. Submission of the learned counsel for the applicant is that registration of present complaint against the applicant is only to harass the applicant as they are neighbour and civil dispute is pending between them. The complaint cannot be accepted as evidence available on record is not disclosing offence under aforesaid sections more so they have initiated various criminal as well as civil proceeding against the applicant. Proceeding initiated against the applicant prima facie appears abuse of process of court. Hence, the application is liable to be allowed.

8. Accordingly, the present application u/s 482 Cr.P.C. is allowed.

9. The entire proceedings of the order dated 12.01.2023 passed by Sessions Judge, Kannauj in Criminal Revision No. 67 of 2022 and order dated 26.08.2022 in Complaint Case No. 5694 of 2021, under Sections 323, 354Kha I.P.C., Police Station Kotwali, District Kannauj pending in the Court of Chief Judicial Magistrate, Kannauj is hereby quashed against the applicant. October 14, 2025 Sanjeet 4 A482 No. 9691 of 2023 (Deepak Verma,J.) SANJEET KUMAR YADAV High Court of Judicature at Allahabad