Jaipal Yadav v. State of U.P. and another), passed an order dated

2. Heard Sri Vikas Srivastava, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.

3. Sri Nipun Singh, learned counsel for the opposite party no. 2 is not present even when the matter has been taken up in the revised list.

4. Counter affidavit on behalf of the opposite party no. 2 has been filed which is on the record.

5. Learned counsel for the applicants submits that he does not propose to file any rejoinder affidavit to the same.

6. The Apex Court in a Writ Petition (Criminal) No. 504 of 2024 (Jaipal Yadav vs. State of U.P. and another), passed an order dated 16.12.2024 directing that if any application is moved by the applicant therein to club or consolidate of the petitions together and they be decided expeditiously, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The said petition was disposed of accordingly. The petitioner therein was directed to approach Hon'ble The Chief Justice in accordance with the rules of the High Court. The order passed therein reads as under:- "Heard learned counsel for the petitioner. Seven quashing petitions under Section 482 of the Code of Criminal 2 A482 No. 34373 of 2009 Procedure are said to be pending before the Allahabad High Court. The petitioner, by way of the present writ petition, seeks a direction that all those petitions to be clubbed or consolidate together and decided most expeditiously. The petitioner for the above purpose may approach Hon'ble the Chief Justice of the concerned High Court in accordance with the rules of the High Court. Once, such an application is moved, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The present petition is disposed of,accordingly. Pending application(s), if any, shall stand disposed of."

7. An application dated 07.1.2025 was filed in Application U/S 482 Cr.P.C. No.23967 of 2018, Jai Pal Yadav And 2 Ors vs. State of U.P. and another in compliance of the order of Hon'ble Supreme Court giving details of 10 other matters including the present paid, with the prayer to club them together. The matters were clubbed together and placed before Hon'ble The Chief Justice along with the report dated 15.1.2025. Vide order dated 15.1.2025 Hon'ble The Chief Justice nominated this Bench to hear the said matters.

8. This application has been filed by the applicants Rajiv Maheshwari, Deepak Singhal, Gyan Prakash Agrawal, Kiran Pal, Sandeep Manaktala, Sandeep Kumar with the following prayers:- "It is therefore most respectfully prayed before this Hon'ble Court that this Hon'ble Court may graciously be pleased to quash the Charge-Sheet dated

18.02.2009 registered as Case No.18319/2009, under Sections 420, 467, 468, 471 Indian Penal Code, Police Station Indira Puram, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad filed in pursuance of Case Crime No.297 of 2008, Police Station Indira Puram, District-Ghaziabad. It is further prayed that further proceedings in the above matter pending in the court below may directed to remain stayed as against the applicants during the pendency of the present application before this Hon'ble Court or 3 A482 No. 34373 of 2009 else the applicants shall suffer irreparable loss and injury."

9. The F.I.R. of the matter was lodged by Vinay Kumar against the applicant and 04 other accused persons alleging therein that his is member of Jeevan Bima Rashtriya Sahkari Awas Samiti Ltd. having membership no. 193. He was allotted flat no. 403 of which he had paid money to the office bearers. Office bearers misappropriated the same and did not deposit the entire money to the society. They have committed embezzlement of about Rs.5,48,00,000/- in total.

10. Learned counsel for the applicants submits that the dispute in the present matter is purely a civil dispute. It is submitted that same has been given colour of a criminal case with ulterior motives. It is submitted that the dispute is covered by U.P. Cooperative Society Act and the opposite party no. 2 has with malafide intentions lodged the present F.I.R. It is submitted that the opposite party no. 2 has already been returned his money as deposited by him for the aforesaid flat and no amount remains due to be paid to him. It is submitted that after satisfying with the same, he accepted the said money without any objection. It is submitted further that case of civil nature has been given the colour of criminal case. It is submitted that charge sheet in the matter has been submitted without even considering the aspect that the present case is a civil dispute. It is submitted that as such the present application be allowed and the impugned charge sheet be quashed. Learned counsel for the applicants has relied upon the judgement of the Apex Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Another: 2024 INSC 626 and Urmila Devi and others vs. Balram and another: 2025 INSC 915 and has submitted that since the present case is of civil flavour, the same deserves to be quashed.

11. Learned counsel for the State opposed the arguments and prayer in the petition but could not dispute the arguments being factual in nature and further the legal position is that the case although was initiated in the criminal forum but having flavour of civil consequence deserves to be quashed.

12. After having heard learned counsels for the parties and perusing the records, it is evident that the dispute between members of society and office bearers of the society with regards to payment of money and possession of flat. Payment as paid by the informant has been duly returned to him which 4 A482 No. 34373 of 2009 has been accepted by him. The dispute is purely civil in nature. The judgement of the Apex Court in the case of Delhi Race Club (Supra) and Urmila Devi and others (Supra) also held that a criminal case having civil flavour deserves to be quashed.

13. Thus the present petition is allowed.

14. The impugned Charge-Sheet dated 18.02.2009 registered as Case No.18319/2009, Case Crime No.297 of 2008, under Sections 420, 467, 468, 471 Indian Penal Code, Police Station Indira Puram, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad is hereby quashed. October 15, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad

2. Heard Sri Vikas Srivastava, learned counsel for the applicants, Sri Birendra Pratap Singh, learned counsel for the State and perused the record.

3. Sri Nipun Singh, learned counsel for the opposite party no. 2 is not present even when the matter has been taken up in the revised list.

4. Counter affidavit on behalf of the opposite party no. 2 has been filed which is on the record.

5. Learned counsel for the applicants submits that he does not propose to file any rejoinder affidavit to the same.

6. The Apex Court in a Writ Petition (Criminal) No. 504 of 2024 (Jaipal Yadav vs. State of U.P. and another), passed an order dated 16.12.2024 directing that if any application is moved by the applicant therein to club or consolidate of the petitions together and they be decided expeditiously, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The said petition was disposed of accordingly. The petitioner therein was directed to approach Hon'ble The Chief Justice in accordance with the rules of the High Court. The order passed therein reads as under:- "Heard learned counsel for the petitioner. Seven quashing petitions under Section 482 of the Code of Criminal 2 A482 No. 34373 of 2009 Procedure are said to be pending before the Allahabad High Court. The petitioner, by way of the present writ petition, seeks a direction that all those petitions to be clubbed or consolidate together and decided most expeditiously. The petitioner for the above purpose may approach Hon'ble the Chief Justice of the concerned High Court in accordance with the rules of the High Court. Once, such an application is moved, it is expected that the Chief Justice would do the needful looking to the roster and the pendency of the other old cases. The present petition is disposed of,accordingly. Pending application(s), if any, shall stand disposed of."

7. An application dated 07.1.2025 was filed in Application U/S 482 Cr.P.C. No.23967 of 2018, Jai Pal Yadav And 2 Ors vs. State of U.P. and another in compliance of the order of Hon'ble Supreme Court giving details of 10 other matters including the present paid, with the prayer to club them together. The matters were clubbed together and placed before Hon'ble The Chief Justice along with the report dated 15.1.2025. Vide order dated 15.1.2025 Hon'ble The Chief Justice nominated this Bench to hear the said matters.

8. This application has been filed by the applicants Rajiv Maheshwari, Deepak Singhal, Gyan Prakash Agrawal, Kiran Pal, Sandeep Manaktala, Sandeep Kumar with the following prayers:- "It is therefore most respectfully prayed before this Hon'ble Court that this Hon'ble Court may graciously be pleased to quash the Charge-Sheet dated

18.02.2009 registered as Case No.18319/2009, under Sections 420, 467, 468, 471 Indian Penal Code, Police Station Indira Puram, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad filed in pursuance of Case Crime No.297 of 2008, Police Station Indira Puram, District-Ghaziabad. It is further prayed that further proceedings in the above matter pending in the court below may directed to remain stayed as against the applicants during the pendency of the present application before this Hon'ble Court or 3 A482 No. 34373 of 2009 else the applicants shall suffer irreparable loss and injury."

9. The F.I.R. of the matter was lodged by Vinay Kumar against the applicant and 04 other accused persons alleging therein that his is member of Jeevan Bima Rashtriya Sahkari Awas Samiti Ltd. having membership no. 193. He was allotted flat no. 403 of which he had paid money to the office bearers. Office bearers misappropriated the same and did not deposit the entire money to the society. They have committed embezzlement of about Rs.5,48,00,000/- in total.

10. Learned counsel for the applicants submits that the dispute in the present matter is purely a civil dispute. It is submitted that same has been given colour of a criminal case with ulterior motives. It is submitted that the dispute is covered by U.P. Cooperative Society Act and the opposite party no. 2 has with malafide intentions lodged the present F.I.R. It is submitted that the opposite party no. 2 has already been returned his money as deposited by him for the aforesaid flat and no amount remains due to be paid to him. It is submitted that after satisfying with the same, he accepted the said money without any objection. It is submitted further that case of civil nature has been given the colour of criminal case. It is submitted that charge sheet in the matter has been submitted without even considering the aspect that the present case is a civil dispute. It is submitted that as such the present application be allowed and the impugned charge sheet be quashed. Learned counsel for the applicants has relied upon the judgement of the Apex Court in the case of Delhi Race Club (1940) Ltd. & Ors. Vs. State of Uttar Pradesh & Another: 2024 INSC 626 and Urmila Devi and others vs. Balram and another: 2025 INSC 915 and has submitted that since the present case is of civil flavour, the same deserves to be quashed.

11. Learned counsel for the State opposed the arguments and prayer in the petition but could not dispute the arguments being factual in nature and further the legal position is that the case although was initiated in the criminal forum but having flavour of civil consequence deserves to be quashed.

12. After having heard learned counsels for the parties and perusing the records, it is evident that the dispute between members of society and office bearers of the society with regards to payment of money and possession of flat. Payment as paid by the informant has been duly returned to him which 4 A482 No. 34373 of 2009 has been accepted by him. The dispute is purely civil in nature. The judgement of the Apex Court in the case of Delhi Race Club (Supra) and Urmila Devi and others (Supra) also held that a criminal case having civil flavour deserves to be quashed.

13. Thus the present petition is allowed.

14. The impugned Charge-Sheet dated 18.02.2009 registered as Case No.18319/2009, Case Crime No.297 of 2008, under Sections 420, 467, 468, 471 Indian Penal Code, Police Station Indira Puram, District Ghaziabad pending in the Court of Chief Judicial Magistrate, Ghaziabad is hereby quashed. October 15, 2025 Naresh (Samit Gopal,J.) NARESH KUMAR High Court of Judicature at Allahabad