Allowed

Ashish Kumar Modanwal and Another v. State of U.P.and Another

Allahabad HC25 Nov 2021A482/4536/2009

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C., the High Court allowed the quashing of a summoning order and entire criminal proceedings under Sections 406, 504, and 506 IPC. The court held that the facts established a civil partnership dispute lacking elements of criminal breach of trust or entrustment.

What did the court decide?

Quashed the summoning order dated 05.07.2008 and the entire proceedings of Complaint Case No. 3259 of 2007 under Sections 406, 504, and 506 IPC.

Ashish Kumar Modanwal and Another Vs State of U.P.and… — Quashing and FIR | Allahabad HC (2021)

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Court No. - 42

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Case :- APPLICATION U/S 482 No. - 4536 of 2009

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Applicant :- Ashish Kumar Modanwal And Another Opposite Party :- State Of U.P.And Another Counsel for Applicant :- Sri Prakash Dwivedi,Sunil Kumar Mishra Counsel for Opposite Party :- Govt. Advocate,Rajeshwar Singh

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Hon'ble Saumitra Dayal Singh,J.

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Heard Sri Sunil Kumar Mishra, learned counsel for the applicants and learned AGA for the State.

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List revised. None appears on behalf of the complainant.

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The present 482 Cr.P.C. application has been filed to quash the summoning order dated 05.07.2008 as well as the entire proceedings of Complaint Case No. 3259 of 2007 (Data Ram Vs. Ashish Kumar & Anr.), under Sections- 406, 504 and 506 I.P.C., Police StationGopiganj, District- Sant Ravidas Nagar, Bhadohi, pending in the court of C.J.M. Bhadohi.

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Having heard learned counsel for the parties and having perused the record, it does appear that the present criminal prosecution lacks basis. Admittedly, the parties had entered into an agreement to run a cable TV network on an informal partnership basis. They divided the business/subscriber area in two parts. Thus, 80,000/is stated to have been contributed by the complainant to run the business in one part of the locality. Such business was run by the parties without any disputes for 18 months, beginning 30.06.2005. Thereafter, disputes appear to have arisen with respect to which the complainant had lodged the present complaint, primarily alleging criminal breach of trust.

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It is on that complaint that the applicants have been

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summoned under Section 406, 504 and 506 IPC, on the allegation of cheating or forgery.

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In the context of the undisputed facts of the parties having entered into business arrangement which they also ran for one and half year without any disputes, the ingredients of criminal breach of trust, clearly do not exist.

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On his own showing the complainant entered into a partnership arrangement with the applicants. Both had contributed to set up a common business on revenue sharing basis. In such circumstances, the element of entrustment is lacking as no property belonging exclusively to the complainant has been disclosed to have been entrusted to the applicants. Breach of the business agreement between the parties may have given rise to civil action but in absence of entrustment no prosecution may arise under Section 406 IPC. As to offences under Sections 504, 506 IPC, the allegations are lacking in material particulars, against the present applicants.

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Thus, leaving all courses open to the parties, in civil proceedings, the present application is allowed . The summoning order dated 05.07.2008 as well as the entire proceedings of Complaint Case No. 3259 of 2007 (Data Ram Vs. Ashish Kumar & Anr.), under Sections- 406, 504 and 506 I.P.C., Police Station- Gopiganj, District- Sant Ravidas Nagar, Bhadohi, pending in the court of C.J.M. Bhadohi are quashed.

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Order Date :- 25.11.2021 Abhilash

Ashish Kumar Modanwal and Another v. State of U.P.and Another

Case brief

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Ashish Kumar Modanwal and Another v. State of U.P.and Another

Case brief

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