Partly allowed

Archana Devi and 6 Others v. State of U.P. and 3 Others

Allahabad HC23 Jan 2020CRLP/721/2020

Case brief

AI extract

What is this about?

In this criminal miscellaneous writ petition, the High Court declined to quash an FIR despite a pending civil suit on the same dispute. However, the court directed authorities to refrain from coercive action until the charge sheet is filed, conditional on the petitioners cooperating with the investigation.

What did the court decide?

Direction to State authorities to not take coercive action against petitioners regarding Crime No.680 of 2019 until the submission of charge sheet under Section 173(2) of Cr.P.C., effective only if pe

Archana Devi and 6 Others Vs State of U.P. and 3 Others — Quashing and FIR | Allahabad HC (2020)

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Court No. - 48

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Case :- CRIMINAL MISC. WRIT PETITION No. - 721 of 2020

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Petitioner :- Archana Devi And 6 Others Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Sanjay Singh Counsel for Respondent :- G.A.,Shyam Sunder Mishra

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Hon'ble Pritinker Diwaker,J. Hon'ble Shekhar Kumar Yadav,J.

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Heard Sri Sanjay Singh, learned counsel for the petitioners, Sri J K Upadhyay, learned AGA for the State and Sri S S Mishra, learned counsel for the complainant.

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Order on Criminal Misc. (Withdrawal) Application No.2 of 2020:

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This is an application for deleting the name of petitioner no.6Mukhtar Hussain from the array of parties.

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Being unopposed, application is allowed.

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Counsel for the petitioners is permitted to carry out necessary amendment today in the Court itself.

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Order on Petition:

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This writ petition has been filed by the petitioners, seeking quashment of FIR dated 9.10.2019 in respect of Crime No.680 of 2019 for the offence under Sections 323, 506, 447, 467, 468, 471 of IPC, Police Station Kotwali, District Fatehpur.

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Learned counsel for the petitioners submits that in respect of the same dispute, a civil suit filed on 22.8.2019 by respondent no.4 is already pending and on 2.9.2019, a status quo order has been passed therein. He submits that subsequent to passing of status quo order by the competent Civil Court, on 20.9.2019, an application under Section 156 (3) of Cr PC was filed by respondent no.4 and in the said case, on 7.10.2019, a report has been filed by the police that no criminal case is made out. After two days of the said report, on 9.10.2019, present FIR has been

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lodged making false allegations against the petitioners. He further submits that the dispute between the parties is purely of civil nature and rights of the parties would be decided after adjudicating the evidence.

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On the other hand, learned AGA and learned counsel for the complainant oppose the aforesaid submissions. They, however, are not in a position to dispute that a civil suit between the parties is already pending in relation to the same dispute.

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Considering the facts and circumstances of the case, we are not inclined to quash the criminal proceedings.

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However, we finally dispose of this petition with a direction to the State authorities that no coercive action shall be taken against the petitioners in respect of above stated crime number till the submission of charge sheet under Section 173 (2) of Cr.P.C. before the court concerned.

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It is made clear that this order would remain effective till the petitioners cooperate in the investigation.

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Order Date :- 23.1.2020

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RKK/-

Archana Devi and 6 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

Archana Devi and 6 Others v. State of U.P. and 3 Others

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

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