Suresh and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

Suresh and Another vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

Interim stay of the impugned proceedings (Criminal Case No.29958 of 2021 and the summoning order dated 28.07.2021) qua the applicants till the next date of listing; notice ordered to opposite party no.2 returnable at an early date; application itself left pending for consideration.

Issue for consideration

Whether the entire proceedings of Criminal Case No.29958 of 2021, arising out of Case Crime No.265 of 2020 (Sections 323, 504, 506 IPC, Police Station Qaiserbagh, District Lucknow) and pending before the Additional Chief Judicial Magistrate, First, Lucknow, together with the summoning order dated 28.07.2021, should be quashed. +1 more

Court's answer

The matter requires consideration; notice was ordered to opposite party no.2 returnable at an early date, with the case to be listed after service of notice - the quashing prayer was not decided on merits at this stage.

Ratio / Principle

As an interim measure, till the next date of listing, the impugned proceedings in issue shall remain stayed qua the applicants.

Detailed headnote1 paragraphs

Quashing application (Application U/S 482 No. 733 of 2026) - interim stay granted. Suresh and another sought quashing of the entire proceedings of Criminal Case No.29958 of 2021, arising out of Case Crime No.265 of 2020 under Sections 323, 504, 506 IPC at Police Station Qaiserbagh, District Lucknow, pending before the Additional Chief Judicial Magistrate, First, Lucknow, together with the summoning order dated 28.07.2021. Counsel for the applicants submitted that several cases are pending between the parties (Case No.4086 of 2017 under Sections 38/36, U.P. Revenue Code, 2006; Case No.627 of 2023 for permanent injunction before Civil Judge (S.D.), Lucknow; an application under Section 30(2) read with Rule 26, U.P. Revenue Code, 2006; and partition Case No.1837 of 2017 before Civil Judge (S.D.), F.T.C., Lucknow, since dismissed), that the FIR was lodged merely to settle a personal score, and that there is a chance of mediation between the parties. Holding that the matter required consideration, Brij Raj Singh, J. directed issue of notice to opposite party no.2 returnable at an early date and, as an interim measure, stayed the impugned proceedings qua the applicants till the next date of listing. Order dated 03.02.2026, High Court of Judicature at Allahabad, Lucknow Bench.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

APPLICATION U/S 482 No. - 733 of 2026

Suresh And Another

.....Applicant(s)

Versus

State Of U.P. Thru. Prin. Secy. Home Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Abhishek Yadav, Dr. Pooja Singh, Santosh Kumar, Surya Prakash Tiwari Counsel for Opposite Party(s) : G.A.

Court No. - 16

HON'BLE BRIJ RAJ SINGH, J.

Heard Dr. Pooja Singh, learned counsel for the applicants, learned AGA for the State and perused the record.

The present application has been filed seeking quashing of the entire proceedings of Criminal Case No.29958 of 2021, arising out of Case Crime No.265 of 2020, under Sections 323, 504, 506 IPC, Police Station - Qaiserbagh, District - Lucknow pending in the Court of Additional Chief Judicial Magistrate, First, Lucknow as also summoning order dated 28.07.2021.

For the purpose of entertaining the present application as also for seeking interim protection, it has been submitted by learned counsel for the applicants that a number of cases are pending between the applicants and the opposite party no.2/complainant. The list of cases has been given in paragraph 19 of the affidavit filed in support of application. The details of cases are mentioned herein-below:

(i) Case No.4086 of 2017, under Section 38 read with Section

36 of UP Revenue Code, 2006.

(ii) Case No. 627 of 2023 for permanent injunction pending in the Court of Civil Judge (S.D.), Lucknow.

(iii) Application under Section 30(2) read with Rule 26 of UP

A482 No. 733 of 2026

2

Revenue Code, 2006.

(iv) Case No.1837 of 2017 for partition pending in the Court of Civil Judge (S.D.), F.T.C., Lucknow, which was subsequently dismissed.

It has been further that FIR in issue has been lodged against the applicants just to settle personal score because cases instituted by the applicants are pending in which opposite party no.2 is also a party. It has been father submitted that there is chance of mediation between the parties.

The matter requires consideration.

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

List after service of notice.

Till the next date of listing, as an interim measure, it is provided that the impugned proceedings in issue shall remain stayed qua the applicants.

(Brij Raj Singh,J.)

February 3, 2026

Mohit Singh/-

Digitally signed by :- MOHIT SINGH High Court of Judicature at Allahabad, Lucknow Bench