Allowed

Smt. Rehana Khanam and 3 Ors. v. State of U.P. and Another

Allahabad HC22 Jul 2021A482/45095/2013

Case brief

AI extract

What is this about?

Court quashed proceedings in a complaint case under Sections 420, 467, 468 IPC involving succession certificate allegations, finding the impugned order inspired by malice with high improbabilities and no offence made out, remanding matter for fresh proceedings.

What did the court decide?

Entire proceedings of the complaint under Sections 420, 467, 468 IPC against applicants are quashed and remitted for fresh proceedings.

Smt. Rehana Khanam and 3 Ors. Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2021)

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Court No. - 85

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Case :- APPLICATION U/S 482 No. - 45095 of 2013

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Applicant :- Smt. Rehana Khanam And 3 Ors. Opposite Party :- State of U.P. and Another Counsel for Applicant :- R.P.Tiwari,Anil Kumar Prajapati,Dr. C.P. Upadhyay

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Counsel for Opposite Party :- Govt. Advocate,Pankaj Satsangi

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Hon'ble Gautam Chowdhary,J.

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This application u/s 482 Cr.P.C. has been filed with the prayer to quash the impugned order dated 08.10.2013 passed by learned A.C.J.M.IInd, Budaun as well as entire proceedings in Complaint Case No. 975 of 2012 (Saleem Asgar Vs. Smt. Rehana Khanam and others), under sections 420, 467, 468 I.P.C., P.S. Civil Lines, District- Budaun.

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Heard Shri Dr. C.P. Upadhyay, learned counsel for the applicants, Shri Pankaj Satsangi, learned counsel for opposite party no.2 and Shri Rakesh Chandra Srivastava, learned A.G.A. Record has been perused.

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Learned counsel for the applicants argued that the allegations made in the complaint do not corroborate with the facts. After a long hearing both the parties agreed that there is only one point which has to be considered by this Court whether the succession certificate has been tampered or not. After perusal of the complaint it appears that there is an allegation that why the name of other family members is not there in the succession certificate. It is well considered law that after the husband death the only successor would be wife. In the present case it is relevant to mention here that Aslam Asgar was issueless and Smt. Rehana Khatam is the first successor and hence, the complaint is without any legs. Submission is that the perusal of the complaint itself does not make out offences at all as has

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been alleged and the continuation of such criminal proceedings shall result in nothing except the abuse of court's process.

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Perused the record in the light of submissions made at the bar.

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In the considered view of this Court this Court finds reason to hold that the summoning order in question is inspired by malice and the version contained therein is full of high improbabilities and the continuation of the proceedings on that basis is likely to result in abuse of court's process. No offence can be said to have been made out from the alleged acts said to have been committed by the applicants and therefore, the entire proceeding of complaint in question is liable to be quashed.

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In this view of the matter this application is allowed and the entire proceeding of complaint in question against the accusedapplicants stand quashed.

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However, the matter is remitted back to the court concerned to initiate afresh proceedings in the case providing equal opportunities to both the parties.

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A copy of this order be certified to the lower court concerned forthwith.

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Order Date :- 22.7.2021 shiv

Smt. Rehana Khanam and 3 Ors. v. State of U.P. and Another

Case brief

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What did the court decide?

Smt. Rehana Khanam and 3 Ors. v. State of U.P. and Another

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