Dismissed

Vikas Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Allahabad HC30 Jul 2025CRLP/4712/2025

Case brief

AI extract

What is this about?

Writ petition sought quashing of an FIR registered under Sections 419/420/467/468/471 IPC over a property sale alleged to involve an imposter. Competing compromise applications and collusion claims emerged in the underlying civil suit. Finding dishonest intent by the petitioner, the court declined to interfere with the FIR and dismissed the petition.

What the court decided

AI extract

Vikas Singh Vs State of U.P. Thru. Prin. Secy. Home Lko… — Quashing and FIR | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:44137-DB

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Court No. - 9

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4712 of 2025 Petitioner :- Vikas Singh Respondent :- State Of U.P. Thru. Prin. Secy. Home Lko. And Others Counsel for Petitioner :- Kulbhushan Singh Sikarwar,Amit Kumar Singh,Hemant Kumar Pandey Counsel for Respondent :- G.A.

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Hon'ble Mrs. Sangeeta Chandra,J. Hon'ble Brij Raj Singh,J.

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Heard learned counsel for the petitioner and learned A.G.A.

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This petition has been filed by the petitioner with the following prayer :-

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"Issue a writ, order or direction in the nature of certiorari quashing the impugned F.I.R. registered in Case Crime No.59/2025 under Sections 419/420/ 467/ 468/ 471 I.P.C., Police Station Mohanlalganj, Lucknow as contained in Annexure No.1 alongwith consequential investigation being conducted on basis of the impugned F.I.R."

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It has been submitted that the petitioner is a bona fide purchaser and once he came to know about the lodging of the F.I.R. and the fraud being committed by an imposter Mohd. Haroon, he has applied for cancellation of the sale deed which application/ plaint has been registered as Original Suit No.3212/2024 in the court of Civil Judge, Hawali, Junior Division, Lucknow. A copy of the plaint has been filed as Annexure No.5 to the petition.

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We have gone through Annexure No.5 and we find that it is Raeeas Mohd. the informant of F.I.R.No.59/2025 who has filed the application/ Original Suit for cancellation of the sale deed dated 16.4.2024. At this stage, learned counsel for the petitioner states that the petitioner is a defendant in the said case and he has filed an application under Order XXIII Rule 3 C.P.C., a copy of which has been filed as Annexure No.SA-2 to the supplementary affidavit filed on behalf of the petitioner. This application has been filed on 17.1.2025.

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We have gone through the application dated

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17.1.2025 and we find that although such application has been moved by the informant Raees Mohd. indicating therein that a compromise has occurred between the parties, there is no date of such compromise as to when it was settled between the parties and no copy of the alleged compromise has been filed. Another application has been filed by M/s Horib Estates LLP in the said O.S. No.3212 of 2024 wherein it has been stated that Shri Vikas Singh who is the absolute owner of the land total measuring 0.089 hectare situated at Village Katra Bakkas, Pargana and Tehsil Mohanlalganj, District Lucknow approached the applicant firm for transferring and conveyancing the said property and Shri Vikas Singh sold off the property of the informant/ plaintiff through a sale deed which is dated 16.5.2024 on a sale consideration of Rs.27,59,881/-.

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The name of the applicant firm has also been mutated in the revenue record under Section 34 of the U.P. Revenue Code, 2006 in pursuance of the order dated 16.8.2024 passed by the Naib Tehsildar, Gosainganj, Lucknow in Case No.17594 of 2024 and the suit in question has been filed in collusion by the plaintiff with Vikas Singh as both the plaintiff and defendants have no right or title over the property. The application has been filed under Order XXIII Rule 1 and 2 C.P.C., praying for decreeing the suit in terms of the compromise between the plaintiff and the defendants who are in collusion with each other as the real owner of the property is M/s Horib Estates LLP with its registered office at 547/ A-084/01, Tulsi Vihar, Jalalpur, Rajajipuram, Lucknow.

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It is evident that the petitioner has come before this Court with dishonest intent, we do not wish to interfere with the impugned F.I.R. while exercising writ jurisdiction under Article 226 of the Constitution of India.

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In view of the above, the writ petition stands dismissed.

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Order Date :- 30.7.2025/Shukla

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

Vikas Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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Vikas Singh v. State of U.P. Thru. Prin. Secy. Home Lko. and Others

Case brief

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