Criminal Case No. 94362 of 2024 · Allahabad High Court · 2025

Station Firozabad South, District Firozabad, pending in the court of Additional Chief Judicial Magistrate, Firozabad.

3. Learned counsel for the applicants submits that the opposite party no.2 is the son of the applicant nos.1 and 2. The applicant nos.3 to 6 are the brothers of the opposite party no.2. Applicant no.7 is the sister-in-law (Bhabhi) of the opposite party no.2. Opposite party no.8 is the sister of the opposite party no.2 and the applicant no.9 is the brother-in-law of the opposite party no.2.

4. Instant FIR was lodged by the opposite party no.2 alleging therein that the opposite party no.2 was married with Arti Verma on 11.12.2020 and in-laws of the opposite party no.2 had spent Rs.20 lacs in the marriage. Thereafter the applicant nos.3 and 4, have stolen a pen drive from the room of opposite party no.2, which contained the private photograph of his wife Arti Verma and on the pretext of the same they started blackmailing the wife of the opposite party no.2 and also tried to molest and rape the wife of the opposite party no.2. Subsequent thereto applicant no.8 also started molesting the wife of the opposite party no.2 and all of them asked the opposite party no.2 and his wife to bring Rs.50 lacs from their in-laws and they started mentally and physically torturing them.

5. Being aggrieved with the said torture made by the applicants herein, the opposite party no.2 consumed poison, thereafter his friend Saurav and his wife had admitted him in the hospital and after discharged from the hospital all the applicants have disconnected the electricity connection of the premises of the opposite party no.2.

6. On 08.06.2024 they have uploaded the objectionable private photographs of the wife of the opposite party no.2 on the Facebook. The I.D. from which the said private photographs were uploaded on the Facebook was used by the applicant no.4. On the basis of the aforesaid allegations the instant FIR was lodged by the opposite party no.2.

7. The matter was investigated and subsequently the charge sheet was filed against the applicants herein.

8. Learned counsel for the applicants submits that the instant case is nothing but a malicious prosecution on account of the case lodged by the applicant no.1 against the opposite party no.2, with regard to the property dispute between them.

9. Learned counsel for the applicants submits that from the allegations as made in the F.I.R. as well as the evidence including the statements under Sections 161 and 164 Cr.P.C. do not disclose the Commission of non cognizable offence against the applicants herein. It is further submitted by learned counsel for the applicants that the F.I.R is counter-blast to the applicants effort to protect their property right as evidenced by their legal action against opposite parties.

10. It is further submitted by learned counsel for the applicants that the dispute in the instant case pertains to the ownership of his house and shop. Thus, the dispute between the parties is of a civil nature, which is being given a criminal colour by the opposite party no.2. Thus, the same is an abuse of process of law. It is further submitted by learned counsel for the applicants that as per the report of Cyber Police Station, which has been annexed as Annexure No. 8 to the instant application, the URL of the alleged Facebook ID from which the private photos of the opposite party no.2 and his wife were uploaded could not be traced and the person from whose Facebook ID the photographs were uploaded is a dead persons. Therefore, no offence is made out against the applicants herein.

11. Learned counsel for the applicants further submits that while exercising the power under Section 528 BNSS, this Court has the power to quash the proceeding even after the charge-sheet has been filed, if the Court is of the opinion that no offence is made out from the material available on record. Learned counsel for the applicants further submits that the opposite party no.2 and his wife are habitual of filing false complaints against the applicants to harass them as is evident from the material available on record.

12. In support of his submission learned counsel for the applicants has relied upon the judgements of the Apex Court in State of Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426], Abhishek v. State of M.P., (2023) 16 SCC 666 and also in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303.

13. Per contra, learned A.G.A. for the State submits that the allegations leveled in the instant F.I.R. against the applicants categorically make out the offences alleged against the applicants herein. The allegations made in the F.I.R. have been duly investigated by the police and having found the allegations leveled against the applicants are proved, the charge-sheet was filed in the instant case. Various witnesses who have been examined in the instant case, have duly supported the prosecution case.

14. The technical team of Cyber Crime Branch has examined the Facebook ID of Akash Gupta from which the objectionable photographs of the opposite party no.2 and his wife were uploaded. Since, the URL of the said ID could not be traced, therefore, the definite opinion could not be given with regard to making the photographs viral. However, it cannot be denied that the photographs of the opposite party no.2 and his wife have been made viral through the Facebook ID of Akash Gupta and it has been concluded that thus, the offence under Section 67 of the IT Act has been established. After detailed investigation the Investigation Agency has submitted that a charge-sheet against the applicants herein, on the basis of which the learned trial court has taken cognizance of the charge-sheet on 25.11.2024 and thereupon summoned the applicants herein for trial.

15. Learned A.G.A. for the State submits that from the entire material available on record a prima facie case has been made out against the applicants herein. Therefore, learned A.G.A. for the State submits that no interference is called for in the instant case. Therefore, he seeks dismissal of the instant case.

16. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. In the F.I.R. it has been alleged by the opposite party no.2 that he was married to one Aarti Verma on 11.10.2020 and his father-in-law has spent about Rs.20,00,000/- in the marriage. After the marriage both were living happily as husband and wife. Subsequent thereto, the elder brothers of the opposite party no.2, namely applicant no. 3 and 4 herein had stolen a pendrive from the room of the opposite party no.2, which contains the private photographs of the opposite party no.2 and his wife after their marriage. The same was searched but could not be traced and thereafter the applicants herein started blackmailing the wife of the opposite party no.2. One day applicant no.3 tried to attempt rape on the wife of the opposite party no.2. When it was complained by the opposite party no.2 to his parents, however, due to the defamation of the family no action was taken by the opposite party no.2 and his wife. Subsequent thereto, applicant no.4 caught hold of the opposing party no.2 with malicious intent. Subsequent thereto, the applicant no. 8 also started making illicit comments against the wife of the opposite party no.2. They also started pressurizing the opposing party no.2 to throw away his wife and demanded Rs 50,00,000/- from his father-in-law. However, both of them refused to bring such money. Thereafter, these persons started mentally and physically abusing the opposite party no.2 and his wife. Being aggrieved by the torture committed by the applicants herein, the opposing party no.2 had consumed poison on

05.06.2024, and when condition of the opposite party no.2 worsened, he was admitted to the District Hospital by his wife and one friend, Saurabh Gupta. The electricity connection of the room of the opposite party no.2 was disconnected by the applicants and on 08.06.2024, the private photographs of the opposite party no.2 and his wife were uploaded on the social media platform, Facebook, from the Facebook ID of Akash Gupta, who died three years ago and who was a friend of applicant no.4. Thereafter, the wife of applicant no.4 had sent those photographs to the brother- in-law of the opposite party no.2. Due to the aforesaid uploading of the objectionable photographs, the incident was reported to the police on 10.09 2024, however, no case was registered. Thereafter, the instant F.I.R. was registered and the matter was duly investigated. The report of the Cyber Crime Branch was also obtained and having found the allegations proved the charge-sheet was filed. From the perusal of the statement of witnesses also it is apparently a prima facie offence, which has been made against the applicants.

17. Thus, from the allegations coupled with the statement of witnesses and the charge-sheet a prima facie case has been made against the applicants herein for which they have been summoned by the trial court concerned. Vide summoning order dated

25.11.2024, since the cognizable offence has been disclosed from the material available on record, in the considered opinion of this Court no interference is called for in the instant case and the instant application is liable to be dismissed.

18. The judgements relied upon by learned counsel for the applicant, those are the settled principal of law with regard to the quashing of proceedings while exercising the powers under Section 482 Cr.P.C. It can't be disputed that if the material available on record do not disclose any cognizable offence, the proceedings are liable to be quashed, as has been laid in Bhajan Lal (supra), relied upon by learned counsel for the applicants. Similarly, wherein the criminal proceedings are vexatious, frivolous and motivated, the High Court can quash the proceedings to prevent miscarriage of justice as has been held in Abhishek (supra), relied upon by learned counsel for the applicants.

19. There is no dispute that this Court has ample power to quash the proceedings in case the material available before the Court does not disclose any cognizable offence if there is a mala fide prosecution. However, in the considered opinion of this Court, since the material available on record categorically discloses a cognizable offence, therefore, this Court do not find any good reason to entertain the instant application and exercise its discretionary powers under Section 482 Cr.P.C.

20. Accordingly, the instant application is dismissed. Order Date :- 21.8.2025 Vijay Kumar Gupta/Shubham Arya (Anish Kumar Gupta,J.) SHUBHAM ARYA High Court of Judicature at Allahabad

Station Firozabad South, District Firozabad, pending in the court of Additional Chief Judicial Magistrate, Firozabad.

3. Learned counsel for the applicants submits that the opposite party no.2 is the son of the applicant nos.1 and 2. The applicant nos.3 to 6 are the brothers of the opposite party no.2. Applicant no.7 is the sister-in-law (Bhabhi) of the opposite party no.2. Opposite party no.8 is the sister of the opposite party no.2 and the applicant no.9 is the brother-in-law of the opposite party no.2.

4. Instant FIR was lodged by the opposite party no.2 alleging therein that the opposite party no.2 was married with Arti Verma on 11.12.2020 and in-laws of the opposite party no.2 had spent Rs.20 lacs in the marriage. Thereafter the applicant nos.3 and 4, have stolen a pen drive from the room of opposite party no.2, which contained the private photograph of his wife Arti Verma and on the pretext of the same they started blackmailing the wife of the opposite party no.2 and also tried to molest and rape the wife of the opposite party no.2. Subsequent thereto applicant no.8 also started molesting the wife of the opposite party no.2 and all of them asked the opposite party no.2 and his wife to bring Rs.50 lacs from their in-laws and they started mentally and physically torturing them.

5. Being aggrieved with the said torture made by the applicants herein, the opposite party no.2 consumed poison, thereafter his friend Saurav and his wife had admitted him in the hospital and after discharged from the hospital all the applicants have disconnected the electricity connection of the premises of the opposite party no.2.

6. On 08.06.2024 they have uploaded the objectionable private photographs of the wife of the opposite party no.2 on the Facebook. The I.D. from which the said private photographs were uploaded on the Facebook was used by the applicant no.4. On the basis of the aforesaid allegations the instant FIR was lodged by the opposite party no.2.

7. The matter was investigated and subsequently the charge sheet was filed against the applicants herein.

8. Learned counsel for the applicants submits that the instant case is nothing but a malicious prosecution on account of the case lodged by the applicant no.1 against the opposite party no.2, with regard to the property dispute between them.

9. Learned counsel for the applicants submits that from the allegations as made in the F.I.R. as well as the evidence including the statements under Sections 161 and 164 Cr.P.C. do not disclose the Commission of non cognizable offence against the applicants herein. It is further submitted by learned counsel for the applicants that the F.I.R is counter-blast to the applicants effort to protect their property right as evidenced by their legal action against opposite parties.

10. It is further submitted by learned counsel for the applicants that the dispute in the instant case pertains to the ownership of his house and shop. Thus, the dispute between the parties is of a civil nature, which is being given a criminal colour by the opposite party no.2. Thus, the same is an abuse of process of law. It is further submitted by learned counsel for the applicants that as per the report of Cyber Police Station, which has been annexed as Annexure No. 8 to the instant application, the URL of the alleged Facebook ID from which the private photos of the opposite party no.2 and his wife were uploaded could not be traced and the person from whose Facebook ID the photographs were uploaded is a dead persons. Therefore, no offence is made out against the applicants herein.

11. Learned counsel for the applicants further submits that while exercising the power under Section 528 BNSS, this Court has the power to quash the proceeding even after the charge-sheet has been filed, if the Court is of the opinion that no offence is made out from the material available on record. Learned counsel for the applicants further submits that the opposite party no.2 and his wife are habitual of filing false complaints against the applicants to harass them as is evident from the material available on record.

12. In support of his submission learned counsel for the applicants has relied upon the judgements of the Apex Court in State of Haryana v. Bhajan Lal [State of Haryana v. Bhajan Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426], Abhishek v. State of M.P., (2023) 16 SCC 666 and also in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303.

13. Per contra, learned A.G.A. for the State submits that the allegations leveled in the instant F.I.R. against the applicants categorically make out the offences alleged against the applicants herein. The allegations made in the F.I.R. have been duly investigated by the police and having found the allegations leveled against the applicants are proved, the charge-sheet was filed in the instant case. Various witnesses who have been examined in the instant case, have duly supported the prosecution case.

14. The technical team of Cyber Crime Branch has examined the Facebook ID of Akash Gupta from which the objectionable photographs of the opposite party no.2 and his wife were uploaded. Since, the URL of the said ID could not be traced, therefore, the definite opinion could not be given with regard to making the photographs viral. However, it cannot be denied that the photographs of the opposite party no.2 and his wife have been made viral through the Facebook ID of Akash Gupta and it has been concluded that thus, the offence under Section 67 of the IT Act has been established. After detailed investigation the Investigation Agency has submitted that a charge-sheet against the applicants herein, on the basis of which the learned trial court has taken cognizance of the charge-sheet on 25.11.2024 and thereupon summoned the applicants herein for trial.

15. Learned A.G.A. for the State submits that from the entire material available on record a prima facie case has been made out against the applicants herein. Therefore, learned A.G.A. for the State submits that no interference is called for in the instant case. Therefore, he seeks dismissal of the instant case.

16. Having heard the rival submissions so made by learned counsels for the parties, this Court has carefully gone through the record of the case. In the F.I.R. it has been alleged by the opposite party no.2 that he was married to one Aarti Verma on 11.10.2020 and his father-in-law has spent about Rs.20,00,000/- in the marriage. After the marriage both were living happily as husband and wife. Subsequent thereto, the elder brothers of the opposite party no.2, namely applicant no. 3 and 4 herein had stolen a pendrive from the room of the opposite party no.2, which contains the private photographs of the opposite party no.2 and his wife after their marriage. The same was searched but could not be traced and thereafter the applicants herein started blackmailing the wife of the opposite party no.2. One day applicant no.3 tried to attempt rape on the wife of the opposite party no.2. When it was complained by the opposite party no.2 to his parents, however, due to the defamation of the family no action was taken by the opposite party no.2 and his wife. Subsequent thereto, applicant no.4 caught hold of the opposing party no.2 with malicious intent. Subsequent thereto, the applicant no. 8 also started making illicit comments against the wife of the opposite party no.2. They also started pressurizing the opposing party no.2 to throw away his wife and demanded Rs 50,00,000/- from his father-in-law. However, both of them refused to bring such money. Thereafter, these persons started mentally and physically abusing the opposite party no.2 and his wife. Being aggrieved by the torture committed by the applicants herein, the opposing party no.2 had consumed poison on

05.06.2024, and when condition of the opposite party no.2 worsened, he was admitted to the District Hospital by his wife and one friend, Saurabh Gupta. The electricity connection of the room of the opposite party no.2 was disconnected by the applicants and on 08.06.2024, the private photographs of the opposite party no.2 and his wife were uploaded on the social media platform, Facebook, from the Facebook ID of Akash Gupta, who died three years ago and who was a friend of applicant no.4. Thereafter, the wife of applicant no.4 had sent those photographs to the brother- in-law of the opposite party no.2. Due to the aforesaid uploading of the objectionable photographs, the incident was reported to the police on 10.09 2024, however, no case was registered. Thereafter, the instant F.I.R. was registered and the matter was duly investigated. The report of the Cyber Crime Branch was also obtained and having found the allegations proved the charge-sheet was filed. From the perusal of the statement of witnesses also it is apparently a prima facie offence, which has been made against the applicants.

17. Thus, from the allegations coupled with the statement of witnesses and the charge-sheet a prima facie case has been made against the applicants herein for which they have been summoned by the trial court concerned. Vide summoning order dated

25.11.2024, since the cognizable offence has been disclosed from the material available on record, in the considered opinion of this Court no interference is called for in the instant case and the instant application is liable to be dismissed.

18. The judgements relied upon by learned counsel for the applicant, those are the settled principal of law with regard to the quashing of proceedings while exercising the powers under Section 482 Cr.P.C. It can't be disputed that if the material available on record do not disclose any cognizable offence, the proceedings are liable to be quashed, as has been laid in Bhajan Lal (supra), relied upon by learned counsel for the applicants. Similarly, wherein the criminal proceedings are vexatious, frivolous and motivated, the High Court can quash the proceedings to prevent miscarriage of justice as has been held in Abhishek (supra), relied upon by learned counsel for the applicants.

19. There is no dispute that this Court has ample power to quash the proceedings in case the material available before the Court does not disclose any cognizable offence if there is a mala fide prosecution. However, in the considered opinion of this Court, since the material available on record categorically discloses a cognizable offence, therefore, this Court do not find any good reason to entertain the instant application and exercise its discretionary powers under Section 482 Cr.P.C.

20. Accordingly, the instant application is dismissed. Order Date :- 21.8.2025 Vijay Kumar Gupta/Shubham Arya (Anish Kumar Gupta,J.) SHUBHAM ARYA High Court of Judicature at Allahabad