Faraheem and 3 Others v. State of U.P. and Another
Case brief
What is this about?
This first hearing of a Section 482 application sought to quash criminal proceedings arising from a civil dispute. The Court noted prima facie merits, directed service of notices on respondents, allowed counter-affidavits, and stayed further proceedings against the applicants pending further orders.
What did the court decide?
The Court stayed further proceedings against the applicants until further orders.
What the court decided
Court No. - 78
Case :- APPLICATION U/S 482 No. - 25090 of 2024
Applicant :- Faraheem And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Tripathi,Surya Prakash Pandey Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Pachori,J.
Sri Surya Prakash Pandey, learned counsel for the applicants and Sri Madhvendra Pratap Singh, learned A.G.A. for the State are present.
The present application u/s 482 Cr.P.C. has been filed with prayer to quash the entire proceedings of Complaint Case No. 834 of 2020 (Afsariya vs. Faraheem and others), under Section 323 of I.P.C., P.S. Garh Mukteshwar, District Hapur, as well as cognizance/summoning order dated 13.6.2024, pending in the Court of Judicial Magistrate, Garh Mukteshwar, Hapur.
Learned counsel for the applicants submitted that impugned complaint dated 28.10.2020 has been lodged on the basis of false and frivolous allegations with ulterior motive and only to harass the applicant. It is further submitted that a civil dispute being Original Suit No. 58 of 2020 (Faraheem vs. Afsariya) is pending before the Civil Judge (Jr. Division), Garh Mukteshwar, between the parties.
It is further submitted that there is no medico legal report of any injured person. First informant converted the civil dispute into a criminal case.
Issues for consideration
1 issue framed by the court
Whether the quantum of pending civil suit leads to the quashing of criminal proceedings under Section 482 Cr.P.C.
Parties & counsel
- applicant
Faraheem And 3 Others
- respondent
State of U.P.
- respondent
Another
Coram
Case details
As recorded by the court registry
- Court
- Allahabad HC
- Decided on
- · August
- Registered
- Case no.
- A482/25090/2024
All orders in this case
4 orders share this CNR
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