Pinki and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Allahabad HC18 Dec 2024A482/11439/2024

Case brief

AI extract

What is this about?

Application under Section 482 Cr.P.C. for quashing charge-sheet filed under sections 504/506 IPC. Applicant alleged criminal proceedings were initiated with intent to pressurize in pending civil dispute. Court noted civil suit is undisputedly pending while listing matter and restricting coercive steps.

What did the court decide?

Notice issued to private respondent; coercive steps against applicants stayed till next date.

Pinki and Another vs State of U.P. Thru. the… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 11439 of 2024

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Applicant :- Pinki And Another Opposite Party :- State Of U.P. Thru. The Prin. Secy. Home Lko. And Another Counsel for Applicant :- Sonam Kumari Thapa Counsel for Opposite Party :- G.A.

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Hon'ble Rajeev Singh,J.

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Heard.

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The instant application has been filed for quashing the charge-sheet dated 16.02.2024 against the applicants U/s 504/506 I.P.C and the consequent cognizance and summoning order dated 21.08.2024 arising out of Session Trial. No. 13842 of 2024, in Case Crime No. 859 of 2023 U/s 447/504/506 I.P.C., Police Station- Bachrawa, District- Raebareli, pending in the court of Chief Judicial Magistrate Raebareli.

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Learned counsel for the applicants submits that there is a civil dispute between the parties and the same is pending only with the intention to make pressure on the applicants. He further submits that on the basis of incorrect facts, the F.I.R. in question was lodged and then charge-sheet was submitted by the Investigating Officer in the most mechanical manner.

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Relying on the decision of Hon'ble Apex Court passed in the case of State of Haryana and others Vs. Bhajan Lal and others reported in 1992 SCC (Cri.) 426 , learned counsel for the applicants next submits that only with the intention to give a criminal colour to the civil suit, criminal proceeding has been initiated, therefore, indulgence of this Court is required.

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Learned A.G.A. vehemently opposes the prayer of applicants and submits that after investigation, the charge-sheet has been submitted. However, he does not dispute the fact that a civil suit is pending between the parties.

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Considering the submissions of learned counsel for the applicants, learned A.G.A. and going through the contents of application as well as other relevant documents, it is undisputed fact that a civil suit is pending between the parties. In such circumstances, the matter requires consideration.

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Issue notice to private respondent.

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List this case in the third week of February, 2025.

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Till the next date of listing, no coercive steps be taken against the applicants.

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Order Date :- 18.12.2024 Arpan

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Digitally signed by :- ARPAN High Court of Judicature at Allahabad, Lucknow Bench

Pinki and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Case brief

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Pinki and Another v. State of U.P. Thru. the Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

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