Doli Kanaujiya and Another v. State of U.P. and Another

Neutral Citation No. - 2024:AHC:130467

Court No. - 82

Case :- APPLICATION U/S 482 No. - 25323 of 2024

Applicant :- Doli Kanaujiya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhand Pratap Singh,Saurabh Pandey Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicants and learned A.G.A. for the State-respondents.

This application under Section 482 Cr. P.C. has been filed by applicants with the prayer to quash the entire criminal proceedings of Case No. 553 of 2022,arising out of Case Crime No. 88 of 2021 (State of U.P. Versus Ravi Kanaujiya and another), pending in the court of learned Additional Chief Judicial Magistrate, Court No. 9, Agra under Sections 420, 406 I.P.C., Police Station Nai Ki Mandi, District Agra (U.P.) as well as charge sheet dated 28.12.2021 and cognizance order dated 25.04.2022.

It is submitted by learned counsel for the applicants that in this case there is version that Rs.12,50,000/-were given to the applicants by the informant, regarding which it is alleged that a Car bearing No. U.P.80EF9960 Grand i10 was given to the informant by the applicants for Rs. 4,25,000/- and for remaining amount of Rs. 8,25,000/- a cheque bearing No. 803093 was handed over to the informant. Later on cheque was made stop payment at the instance of the applicants and papers of the Car were also not handed over, but when asked by the informant, they stated that papers were in possession of the Bank. Later on, it came to the knowledge of the informant that there was finance against the Car and the applicants gave assurance to provide the papers of the Car after payment of the amount of the loan of the Bank but except assurance, they never provided the papers of the Car, in this way the applicants are said to have committed fraud with the informant regarding papers of the Car and also handing over the cheque, which is totally false. It is also submitted that dispute in question is of civil nature and the present first information report has been lodged with false allegation for giving criminal clour to the civil dispute. During the course of investigation, no proper material was collected but the charge sheet was filed by the