Smt. Neelam Tyagi vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Smt. Neelam Tyagi vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Interim order only: further proceedings of Criminal Case No. 423 of 2007 stayed against the applicant until further orders; notice issued to opposite party no. 2; counter affidavits permitted within two weeks and rejoinder within one week thereafter; matter put up fresh on 28.05.2025. Final determination of the quashing application deferred.

Issue for consideration

Whether the entire proceedings of Criminal Case No. 423 of 2007 (State of U.P. Vs. Chintamani & Others), arising out of Case Crime No. 105 of 2007 under Sections 420, 467, 468, 471 IPC, and the cognizance/summoning order dated 26.03.2007 should be quashed. +1 more

Court's answer

Notice was issued to opposite party no. 2, returnable at an early date, notice on behalf of opposite party no. 1 having already been accepted by the learned A.G.A.

Ratio / Principle

The Court found prima facie that the matter requires consideration.

Key takeaways

As an interim measure, until further orders of the Court, further proceedings of the case shall remain stayed against the applicant.ratio¶14

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Sanjay Kumar Pachori, J.) — Application U/S 528 BNSS No. 11205 of 2025, Smt. Neelam Tyagi v. State of U.P. & Anr., order dated 07.04.2025: interim order on an application to quash the entire proceedings of Criminal Case No. 423 of 2007 (State of U.P. Vs. Chintamani & Others), arising out of Case Crime No. 105 of 2007 under Sections 420, 467, 468, 471 IPC, Police Station Hasanpur, District Amroha, and the cognizance/summoning order dated 26.03.2007 of the Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur. Counsel jointly submitted that the parties settled their private dispute and compromise affidavits were filed before the Trial Court; it was urged that a civil dispute over a record-of-rights endorsement and an allegedly forged sale deed was converted into a criminal case by the first informant. Finding prima facie that the matter requires consideration, the Court accepted notice for opposite party no. 1 through the A.G.A., issued notice to opposite party no. 2, allowed counter affidavits within two weeks and rejoinder within one week thereafter, and stayed further proceedings against the applicant until further orders, fixing the matter fresh for 28.05.2025.

Court No. - 72

Case :- APPLICATION U/S 528 BNSS No. - 11205 of 2025

Applicant :- Smt. Neelam Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Sharma,Prashant Sharma Counsel for Opposite Party :- G.A.

Hon'ble Sanjay Kumar Pachori,J.

Heard Sri Prashant Sharma, learned counsel for the applicant and Sri Pusp Raj Singh, brief holder for the State are present.

The present 582 B.N.S.S has been filed to quash the entire proceedings of Criminal Case No. 423 of 2007 (State of U.P. Vs. Chintamani & Others), arising out of Case Crime No. 105 of 2007, under Sections 420, 467, 468, 471 of I.P.C., Police StationHasanpur District Amroha, as well as cognizance/summoning order dated 26.03.2007 pending in the court of Civil Judge (Junior Division)/Judicial Magistrate, Hasanpur, District Amroha.

Learned counsel for both the parties jointly submits that parties settled their private dispute and compromise affidavits have been filed before the Trial Court.

Learned counsel for the applicants prays for and is granted two week's time to file supplementary affidavit annexing the original/certified copy of compromise. It is further submitted that there is dispute with regard to endorsement under the record of rights by playing fraud. It is further submitted that a forged sale deed has been executed on the basis of forged entry in record of rights. It is further submitted that the first informant converted the civil dispute into a criminal case.

Prima facie, matter requires consideration.

Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A.

Issue notice to opposite party no.2 returnable at an early date.

Learned A.G.A. as well as opposite party no. 2 may file their counter affidavits within two weeks. Rejoinder affidavit may be filed within one week thereafter.

Put up on 28.05.2025 as fresh.

Until further orders of this Court, further proceedings of this case, shall remain stayed against the applicant.

Order Date :- 7.4.2025 PS

Digitally signed by :- POOJA SHARMA High Court of Judicature at Allahabad