Mr. Sagar Suri v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Allahabad HC27 Sept 2024A482/1923/2024

Case brief

AI extract

What is this about?

Section 482 application to quash chargesheet and criminal proceedings in a family property dispute between cousins with parallel civil litigation. Mediation failed; court found dispute essentially civil in nature and kept trial proceedings in abeyance qua the applicant till next listing.

What did the court decide?

Proceedings in Criminal Case No. 27380/18 kept in abeyance qua the applicant till next date of listing.

Mr. Sagar Suri vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 13

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Case :- APPLICATION U/S 482 No. - 1923 of 2024

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Applicant :- Mr. Sagar Suri

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Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. And Another

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Counsel for Applicant :- In Person Counsel for Opposite Party :- G.A.,Amjad Siddiqui,Mohemmed Amir Naqvi

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Hon'ble Saurabh Lavania,J.

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Heard.

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Present application has been filed for the following main relief:-

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"Wherefore, for the facts reasons and circumstances, stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Order dated 05.02.2024 by Ld. Special Judge (PC ActV)/Additional District and Sessions Judge, Lucknow (Annexure No.1) which has affirmed the Orders dated 04.11.2023 (Annexure No.2) and 17.11.2023 (Annexure No.3) passed by Court of Ld. ACJM-2, Court Room No. 26, Lucknow who took cognizance on the chargesheet dated 10.03.2018 in Criminal Case No. 27380 of 2018 (State of Uttar Pradesh v. SAGAR SURI), initiated on the basis of FIR No. 485 of 2017 (Police Station: Mahanagar, Lucknow) against the Applicant in person/Accused, pending in the Court of Ld. ACJM-2, Court Room No. 26, Lucknow for offences under Sections 452, 325,323, 504 and 506 of the Indian Penal Code, 1860. That Chargesheet dated 10.03.2018 and entire criminal proceedings against the Applicant/Accused may be quashed as well.

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It is further prayed that further proceedings of Criminal Case No. 27380/18 (State of Uttar Pradesh v. Mr. SAGAR SURI), pending before the Court of L.d. ACJM-2, Court Room No. 26, Lucknow may please be stayed till the pendency of this application before this Hon'ble Court."

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This Court on 23.04.2024 passed the following order:-

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"Heard Sri Sagar Suri, Advocate (in person), Sri Mohemmed Amir Naqvi alongwith Sri Amjad Siddiqui, learned counsel for the opposite party no.2 and Sri Ashok Kumar Singh, learned A.G.A.-I for the State and perused the record.

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On 28.02.2024, a co-ordinate Bench of this Court has passed the following order:-

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"1. Heard Sri Sagar Suri, Advocate, the petitioner, who appears in person and Sri Aniruddh Kumar Singh, learned Additional Government Advocate-I for the State as well as Sri Mohd. Amir Naqvi & Sri Amjad Siddiqui, Advocates who have put in appearance on behalf of opposite party no. 2. Their Vakalatnama is taken on record.

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2. By means of this petition under Section 482 Cr.P.C., the petitioner has prayed the following relief:

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"Wherefore, for the facts reasons and circumstances, stated in the accompanying

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affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the Order dated 05.02.2024 by Ld. Special Judge (PC ActV)/Additional District and Sessions Judge, Lucknow (Annexure No. 1) which has affirmed the Orders dated 04.11.2023 (Annexure No. 2) and 17.11.2023 (Annexure No. 3) passed by Court of Ld. ACJM-2, Court Room No. 26, Lucknow who took cognizance on the chargesheet dated 10.03.2018 in Criminal Case No. 27380 of 2018 (State of Uttar Pradesh v. SAGAR SURI), initiated on the basis of FIR No. 485 of 2017 (Police Station: Mahanagar, Lucknow) against the Applicant in person/Accused, pending in the Court of Ld. ACJM-2, Court Room No. 26, Lucknow for offences under Sections 452, 325, 323, 504 and 506 of the Indian Penal Code, 1860. That Chargesheet dated 10.03.2018 and entire criminal proceedings against the Applicant/Accused may be quashed as well.

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It is further prayed that further proceedings of Criminal Case No. 27380/18 (State of Uttar Pradesh v. Mr. SAGAR SURI), pending before the Court of Ld. ACJM-2, Court Room No. 26, Lucknow may please be stayed till the pendency of this application before this Hon'ble Court."

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3. Learned counsel for the opposite parties pray for and are granted two weeks' time to file counter affidavits.

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4. List this case on 18.03.2024, within top ten cases. This matter may be taken up immediately after fresh cases.

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5. As the petitioner has pressed urgency in the matter, therefore, the liberty is given to learned counsel for the parties to make a mention of this case on the next date for taking up out of turn.

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6. When the case is listed next, name of Sri Mohd. Amir Naqvi & Sri Amjad Siddiqui be printed in the cause list as learned counsel for opposite party no. 2.

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7. The application for interim relief of the petitioner may be considered on the next date. "

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In compliance of the aforesaid order dated 28.02.2024, learned counsel for the opposite party no.2 has filed counter affidavit today in the Court, which is taken on record.

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After arguing at some length, this Courts finds that the matter pertains to family dispute regarding some property, wherein criminal cases have been filed by the parties against each other, thus, the applicant who is also a practicing advocate use to come from Delhi for pairvi of the cases. From perusal of the record, this Court further finds that civil litigation is also pending before the competent court for its adjudication.

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Learned A.G.A.-I for the State submits that since the matter pertains to family dispute in respect of property and the criminal cases have also been filed, therefore, it would be better if the matter may be referred to the Mediation and Conciliation Centre, High Court, Lucknow so that the parties may sit together and resolve their dispute amicably.

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Learned counsel for the opposite party no.2 also submits that as the instant case has been lodged in respect of the property as the applicant tried to physically harm the opposite party no.2 and also to grab some property but it is not in dispute that the opposite party no.2 and the applicant are cousin and several civil disputes are already pending before the competent court for adjudication at

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Lucknow. Thus, he has no objection if the matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow so that the parties may sit together and resolve their dispute amicably.

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After considering the arguments as advanced by respective parties as well as after perusal of record and also considering the proposal made by learned A.G.A.-I for the State, this Court is of the view that the matter pertains to a family dispute and several civil and criminal litigation are already pending before the competent court for its adjudication, thus, in the interest of justice, this matter is being referred to the Mediation and Conciliation Centre, High Court, Lucknow so that the parties may sit together and resolve their dispute amicably.

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Accordingly, the applicant, namely, Sri Sagar Suri is directed to appear before the Mediation and Conciliation Centre, High Court, Lucknow on 06.05.2024 alongwith his father, namely, Sri Sushil Suri. The opposite party no.2, namely, Sri Gaurav Suri is also directed to appear before the Mediation and Conciliation Centre, High Court, Lucknow on 06.05.2024 alongwith his father, namely, Harish Suri. Since this order is being passed in presence of the applicant, namely, Sri Sagar Suri and Sri Mohemmed Amir Naqvi, learned counsel for the opposite party no.2, therefore, there is no need of issuing notice to the parties by the learned Mediator. The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

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Put up this case on 08.08.2024 before appropriate Bench along with report of the mediator.

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Till the next date of listing, no coercive action shall be taken against the applicant in pursuance of the Criminal Case No. 27380/18 (State of Uttar Pradesh v. Mr. Sagar Suri), pending before the Court of Ld. ACJM-2, Court Room No. 26, Lucknow.

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This case shall not be treated as tied up or part heard with this Bench."

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Mediation report dated 15.07.2024 indicates that the parties could not reach to an amicable settlement.

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Considering the aforesaid as also the documents on record including the order passed by the trial Court on the application seeking temporary injunction filed in the Regular Suit No. 342 of 2015 (Dr. Susheel Suri vs. Harish Suri & Ors.) dated 26.08.2015 and the order dated 14.09.2016 passed by the Hon'ble Apex Court in Special Leave to Appeal (C) No(s). 25771 of 2016 (Dr. Sushil Suri vs. Sushila Suri And Ors.), this Court is of the view that the dispute between the parties is essentially of civil in nature and as such, interference is required in the matter.

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Accordingly, it is provided that till the next date of listing, the proceedings in issue shall be kept in abeyance qua the applicant.

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List in the week commencing 21.10.2024.

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Order Date :- 27.9.2024 Vinay/-

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

Mr. Sagar Suri v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

Case brief

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Mr. Sagar Suri v. State of U.P. Thru. Prin. Secy. Home Civil Secrt. Lko. and Another

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