Quashed

Krishna Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Home Civil Secrt. Lko. and Another

Allahabad HC25 Jul 2024A482/4025/2024

Case brief

AI extract

What is this about?

The High Court examined an application seeking quashing of a criminal proceedings initiated via a Section 156(3) Cr.P.C. notice regarding an alleged forged sale deed. Counsel argued the dispute was civil in nature. The Court prima facie found the matter civil, stayed the charge-sheet, and issued a notice.

What did the court decide?

Impugned cognizance order dated 26.2.2024 and charge-sheet are stayed till further orders; notice issued to respondent.

Krishna Devi and Another Vs State of U.P. Thru. Addl… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 15

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Case :- APPLICATION U/S 482 No. - 4025 of 2024

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Applicant :- Krishna Devi And Another Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Secrt. Lko. And Another Counsel for Applicant :- Dinesh Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Karunesh Singh Pawar,J.

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Heard learned counsel for the applicants and learned A.G.A. for respondent State as well as perused the record.

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Learned counsel for the applicants submits that the application under Section 156(3) Cr.P.C. has been given in the year 2023 by respondent no.2 regarding the alleged sale deed executed in favour of the applicant, which is alleged to be forged. Respondent no.2 already filed a suit no.2251 of 2019 Smt. Chandrawati Devi vs. Ramesh Prasad and another for cancellation of sale deed way back in the year 2019. The applicant has concealed the filing of civil suit while lodging the FIR. Further it has been falsely stated in the FIR that she come to know about the execution of the sale deed on 1.4.2022 while the suit for cancellation of this sale deed was already filed by her in the year 2019. This shows conduct of respondent no.2. The informant in the year 2023 before lodging the FIR via application under Section 156(3) Cr.P.C. has already sold the same piece of land i.e. Gata no.901 through three sale deeds to various persons. For cancellation of which the applicant had filed three suits for cancellation of sale deed, which are on record, pending before the Judicial Officer, Gram Nayaylay Mankapur, Gonda numbered as suit no.310/23, 309/23 and 307/23.

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It is, thus, contended that the allegation in the FIR made by the respondent no.2 are prima facie false. She was well within the

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knowledge of execution of sale deed since the year 2019 and therefore it has been wrongly stated in the FIR that she came to know only in the year 2022. The dispute between the parties is purely civil in nature. Three suits are pending before the competent court of law between the parties. When the respondent no.2 could not get any relief for a period of four years from the civil court then the device has been adopted to give criminal colour of the civil suit by lodging the impugned FIR.

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In view of the above, p rima facie the matter requires consideration.

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Let a notice be issued to respondent no.2.

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The dispute, prima facie , appears to be civil in nature, thus in view of law laid down by Hon'ble Supreme Court in the case of State of Haryana vs. Bhajan Lal, 1992 Supp (1) SCC 335, the impugned cognizance order dated 26.2.2024 passed on charge-sheet filed bearing No.01 under section 419, 420, 467, 468, 471 I.P.C., Police Station Mankapur, District Gonda bearing case no.16115 of 2024, State vs. Ramesh Prasad and Krishavati, are stayed till further orders of this Court.

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List on 12.7.2024.

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Order Date :- 2.5.2024

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Madhu

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

Krishna Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Home Civil Secrt. Lko. and Another

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Krishna Devi and Another v. State of U.P. Thru. Addl. Chief Secy. Home Civil Secrt. Lko. and Another

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