Ajay Kumar Tewari @ Ajay Kumar Tripathi and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ajay Kumar Tewari @ Ajay Kumar Tripathi and Another vs State of U.P. Thru. Prin. Secy. Home Deptt. Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim order only (final disposal awaited): notice issued to opposite party No.2, returnable at an early date, steps within seven working days; case to be listed in the month of February, 2024 alongwith service report; and till the next date of listing, the proceedings in issue are kept in abeyance qua the applicants.

Issue for consideration

Whether the criminal proceedings in Criminal Case No. 4284 (arising out of Case Crime No. 396 of 2023 under Sections 147, 352, 504, 506 IPC) and the Charge Sheet dated 07.01.2024 should be quashed, the applicants contending that the FIR gives criminal colour to what is essentially a civil dispute over property.

Court's answer

Prima facie, the Court finds force in the submissions of learned counsel for the applicants: the informant lodged FIR No. 0396 of 2023 to create pressure in relation to the pending civil proceedings, and it is apparent that the informant wants to give criminal colour to a civil dispute.

Detailed headnote1 paragraphs

INTERIM ORDER — QUASHING APPLICATION UNDER SECTION 482 (APPLICATION U/S 482 No. 11830 of 2024). Applicants Ajay Kumar Tewari @ Ajay Kumar Tripathi and another sought quashing of criminal proceedings of Criminal Case No. 4284, arising out of Case Crime No. 396 of 2023 under Sections 147, 352, 504, 506 IPC, and the Charge Sheet dated 07.01.2024. Background recorded by the Court: the informant claims a 1/4th share of Gata No.2468 (area 1.540 hect.) through a registered sale deed dated 18.11.2016 executed by Abhay Kumar Tripathi, real brother of applicant No.1 (named at serial No.2 as an accused in the FIR); on learning of that deed, the coaccused executant filed a cancellation suit, pending as Regular Suit No. 15/2017 (filed 06.01.2017). Observing that the FIR lodged on 13.11.2023 (registered as FIR No. 0396 of 2023) appeared to have been lodged 'just to create pressure in relation to the pending civil proceedings' and that the informant sought to give criminal colour to a civil dispute, the Court prima facie found force in the applicants' submissions. Direction: notice to opposite party No.2 returnable at an early date (steps within seven working days); listing in February, 2024 with service report; and, till the next date of listing, proceedings kept in abeyance qua the applicants. Order dated 3.1.2025, Hon'ble Saurabh Lavania, J., High Court of Judicature at Allahabad, Lucknow Bench. NOTE: interlocutory order only — the quashing prayer stands undecided; the listing month is reproduced as printed ('February, 2024').

Court No. - 12 Case :- APPLICATION U/S 482 No. - 11830 of 2024 Applicant :- Ajay Kumar Tewari @ Ajay Kumar Tripathi And Another

Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Pankaj Kumar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

Heard.

Present application has been filed by the applicants for quashing criminal proceedings of Criminal Case No. 4284, arising out of Case Crime No. 396 of 2023 under Section 147, 352, 504, 506 IPC as well as Charge Sheet dated 07.01.2024.

Considering the facts, as indicated, including that the informant is claiming his right over the property in issue i.e. 1/4th part of Gata No.2468 area 1.540 hect. through registered sale deed executed on 18.11.2016 by Abhay Kumar Tripathi, real brother of the applicant No.1, whose name finds place at serial No. 2 as an accused in the FIR No. 0396 of 2023, and also that on coming to know about the sale deed dated 18.11.2016, coaccused Abhaya (Abhay Kumar Tripathi S/o Kamta Prasad Tripathi) filed a suit for cancellation of sale deed and the same is pending consideration before the competent court of jurisdiction as Regular Suit No. 15/2017 (filed on 06.01.2017) and therefore, the informant has lodged the FIR on 13.11.2023 registered as FIR No. 0396 of 2023 just to create pressure in relation to the pending civil proceedings and as such it is apparent that to a civil dispute the informant wants to give criminal colour, this Court, prima facie, finds force in the submissions of the learned counsel for the applicants.

Accordingly, issue notice to opposite party No.2, returnable at an early date. Steps be taken in this regard within seven working days.

List this case in the month of February, 2024 alongwith service report.

Till the next date of listing, the proceedings in issue shall be kept in abeyance qua the applicants.

Order Date :- 3.1.2025 Vinay/-

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