Neutral Citation No. - 2025:AHC:23324 Court No. - 79 Case :- MATTERS UNDER ARTICLE 227 No. - 743 of 2025 Petitioner :- Smt. Reena And Another Respondent :- State of U.P. and Another Counsel for Petitioner :- Arun Kumar Dubey Counsel for Respondent :- G.A. Hon'ble Saurabh Srivastava,J. 1. Heard learned counsel for the parties. 2. Present petition has been preferred with the following prayers:- "(i) set aside the impugned order dated 17.12.2024 (Annexure no. 1 to the misc. petition) passed by learned Additional District & Sessions Judge, Court no. 4, Mathura in Criminal Revision no. 04 of 2023 (Smt. Reena & another vs. State of U.P & another) as well as the impugned summoning order dated 11.10.2019 (Annexure no. 2 to the misc. petition) passed by learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court no. 5, Mathura in Case no. 2198 of 2018 (Suresh Chand vs. Reena & another), under Section 420 IPC, Police Station Vrindavan, District Mathura." 3. It is the case of the petitioners that petitioner no. 1 has been serving as a disciple and maid along with her daughter under the guidance of owner of an Ashram situated in Vrindavan, Mathura. After the death of owner of the said Ashram, petitioner no. 1 is working in the said Ashram as a servant. Respondent no. 2 along with other people are trying to occupy the aforesaid Ashram by using forged documents. In this regard, a FIR dated 27.8.2015 has been lodged by petitioner no. 2 (husband of petitioner no. 1) against respondent no. 2 and others wherein charge sheet has already been submitted against respondent no. 2. In counterblast of the same, respondent no. 2 moved an application under Section 156(3) Cr.P.C. before the learned Chief Judicial Magistrate, Mathura for registration of FIR against the petitioners with false and concocted facts whereupon after recording statements of complainant and other witnesses, vide order dated 11.10.2019, learned Additional Civil Judge, (Senior Division)/Additional Chief Judicial Magistrate, Court no. 5, Mathura summoned the petitioners to face trial under Section 420 IPC. 4. Being aggrieved with order dated 11.10.2019, petitioners preferred a criminal revision before the court concerned but the said revision has been rejected vide order dated 17.12.2024 passed by learned Additional District & Sessions Judge, Court no. 4, Mathura which has been challenged through the instant petition. 5. Learned counsel for the petitioners challenged the impugned orders on the ground that the learned courts below ignored this fact that an original civil suit regarding ownership right of the said Ashram is pending in the court of learned Civil Judge (Senior Division), Mathura and only the civil court has jurisdiction to decide the dispute raised regarding the validity and authenticity of the documents related to ownership. The dispute is purely civil in nature and is given a cloak of a criminal offence by misusing the process of law. 6. For substantiating his arguments, learned counsel for the petitioners relied upon the judgment rendered by Hon'ble Apex Court in case of Paramjeet Batra vs. State of Uttarakhand & ors. decided on dated 14.12.2012, AIRONLINE 2012 SC 724 wherein it has been held that if in case civil dispute is pending for the same cause of action wherein FIR has been lodged by the same party who are appearing before learned Civil Court, the criminal proceedings has been held as not maintainable 7. Per contra, learned AGA vehemently opposed the prayer as made in the petition and rebutted the stand taken up by learned counsel for the petitioners and submitted that in due process of time, the petitioners have to appear before learned court concerned and there are ample opportunities available during procedure to prove themselves as innocent. 8. After hearing the rival submissions extended by learned counsel for the parties and perusing the records, this Court is of the opinion that however, learned counsel for petitioner relied upon case of Paramjeet Batra (supra) that if in case civil dispute is pending for the same cause of action wherein FIR has been lodged by the same party who are appearing before learned Civil Court, the criminal proceedings has been held as not maintainable but the pith and substance of the judgment of Paramjeet Batra (supra) is based upon the interim order passed by learned Civil Judge in suit pending between the parties whereupon the Hon'ble Apex Court held that on the basis of the same incident, the criminal proceedings is not maintainable but in the instant matter although civil dispute is pending between the parties before learned Civil Judge but no interim order in shape of status quo or anything else has ever been passed and as such the ratio of Paramjeet Batra (supra) is not applicable in the instant matter. However, learned counsel for the petitioners prayed to challenge the order of summoning on other grounds which are not attracted in the case of Paramjeet Batra (supra) but considering the arguments as raised by learned counsel for the parties, there is no occasion available before this Court to interfere in the proceedings which has already been initiated before learned court concerned and petitioners are hereby permitted to appear before learned court concerned within a month from today. 9. However it is made clear that till one month from today, no coercive action shall be initiated against the petitioners. 10. The instant petition stands disposed of accordingly. Order Date :- 18.2.2025 Shaswat Digitally signed by :- SHASWAT SINGH High Court of Judicature at Allahabad