The High Court of Judicature at Allahabad dismissed an application under Section 482 Cr.P.C. seeking quashing of criminal proceedings involving allegations of cheating, forgery, and forgery of买卖 deeds in a property transaction dispute.
Prayer for quashing of the entire proceeding and charge-sheet dismissed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Court No. - 71 Case :- APPLICATION U/S 482 No. - 9695 of 2023
Applicant :- Smt. Safalta Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Mishra,Giriraj Pandey Counsel for Opposite Party :- G.A.
Hon'ble Samit Gopal,J.
List revised.
Heard Rajesh Kumar Mishra, learned counsel for the applicants, Sri Sai Girdhar, learned brief holder for the State and perused the record.
The present application U/S 482 Cr.P.C. has been filed by the applicant- Smt. Safalta Sharma, Akash Sharma and Ved Prakash Sharma with the following prayer:-
"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application and quash the entire proceeding as well as impugned charge-sheet No. 180/2022 dated 30.08.2022 under Sections 420, 467, 468, 471, 452, 504, 506 I.P.C. in Case No. 27756 of 2022 State Vs. Akash Sharma and others P.S. Pallavpuram, District- Meerut arising out of Case Crime No. 0211 of 2022, and the cognizance order dated 07.12.2022 passed by the Civil Judge, (Sr. Division), F.T.C., Meerut and further be pleased to stay the further proceeding of Case No. 27756 of 2022 State Vs. Akash Sharma and others P.S. Pallavpuram, DistrictMeerut arising out of Case Crime No. 0211 of 2022 pending in the Court of Civil Judge, (Sr. Division), F.T.C., Meerut, during the pendency of the present application, otherwise the applicant shall suffer a irreparable loss and injury, so that justice be done"
The facts of case are that a first information report was lodged on the basis of an application u/s 156 (3) Cr.P.C. by the opposite party no.2 against the applicants on 25.06.2022 for offences under Sections 420, 467, 468, 471, 452, 504, 506 I.P.C., Police Station Pallavpuram, District Meerut with the allegation that a residential plot 150.55 sq. yard which was part of plot No. 179 was purchased by her from the applicants and a total sale consideration of Rs.11,33,000/- was given for which she had issued three cheques and the remaining amount of Rs. 45,000/- was paid by her in cash after which the sale-deed was executed in her favour on 18.11.2016. On 22.06.2021 she received a letter from Bank of Baroda stating therein that the applicants have taken a loan of Rs. 25 lakhs after which she again came to know that for the same plot the applicants had taken a loan of Rs. 40 lakhs from Punjab National Bank. She then contacted the applicants who informed her that they have deposited the entire amount of loan and have been provided N.O.C. from the concerned banks. She reminded the applicants about the remittance of the balance amount to the bank on 14.05.2022 but the applicants forcibly entered in her house, abused her and threatened her. She moved an application before the concerned police station but no action was taken after which an application u/s 156 (3) Cr.P.C. was moved on the basis of which the present first information report has been lodged. The matter was investigated and a charge-sheet was submitted against the accused persons after which the trial court took cognizance upon the same and summoned the applicants to face trial.
Learned counsel for the applicants argued that the said property was not mortgaged. Learned counsel has placed paragraph 28 of the affidavit and has argued that Bank of Baroda has sanctioned a CC limit account in the name of M/s Pt Mihi Lal Sewa Trust in which the applicants were the guarantors. The said account was regularized by the trustees. The applicants were only the guarantors in the said account. There was some irregularity in the said CC limit account which was only of a meager account. It is argued that in so far as the allegation with regards to loan of Rs. 40 lakhs from Punjab National Bank is concerned, the said loan was also availed by the said Trust but not by the applicants. The said loan account became NPA account. The applicant never availed any loan on the basis of the said property. Learned counsel has further argued that the matter was enquired into by the C.O., Daraula, Meerut and an enquiry report dated 19.01.2023 was submitted by which the said officer recommended the matter to be further investigated after which the Investigating Officer moved an application before the trial court seeking permission for further investigated the matter. The Investigating Officer has filed a cryptic charge-sheet against the applicants in coalition with the complainant on which the trial court has taken cognizance vide its order dated 07.12.2022. It is argued that the dispute, if any, between the parties is purely a civil dispute. It is further argued that the applicant no.2 also instituted a suit before the concerned civil court against the first informant on 18.07.2022 which is pending disposal. It is further argued that no offence whatsoever is made out against the applicants.
Per contra, learned counsel for the State opposed the prayer for quashing and argued that in as much as the allegations against the applicants are concerned, the applicants are named in the first information report and there are allegations against them of selling a plot on which loan from two banks had been taken.
After having heard the learned counsel for the parties and perusing the record, it is evident that the applicants are named in the first information report and there are allegations against them. In so far as the argument of learned counsel for the applicants while placing paragraph 28 of the affidavit is concerned, the same may be a defence of the applicants. At the stage of summoning only prima facie allegations are to be looked into, the Court cannot go into the correctness, defence and explanation of the accused persons.
The petition is accordingly, dismissed .
Order Date :- 23.3.2023 AS Rathore
(Samit Gopal,J.)
Digitally signed by :- ABHISHEK SINGH RATHOR High Court of Judicature at Allahabad
2 issues framed by the court
Whether an application under Section 482 Cr.P.C. to quash criminal proceedings for offences under Sections 420, 467, 468, 471, 452, 504, 506 IPC regarding a property dispute should be allowed or dismi
Whether the court can examine correctness of defence regarding bank loans and undisputed land sale at the stage of summoning under Section 482 Cr.P.C.
1 provisions across 1 enactments
Smt. Safalta Sharma And 2 Others
Samit Gopal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
