Neutral Citation No. - 2025:AHC:114369 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (SL No.6) Court No. - 78 Case :- APPLICATION U/S 482 No. - 39930 of 2024 Applicant :- Ravindra Pal Singh Opposite Party :- State Of U.P. And 4 Others Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Ashish Goyal, learned counsel for the applicant and Sri Rizwan Ahmad, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 23.08.2024 passed in Complaint Case No. 1245 of 2022 (Ravindra Pal Singh vs. Jaiveer Singh and Others) under Sections 427, 448, 454 I.P.C., P.S.- New Agra, District- Agra. 3. Learned counsel of the applicant submits that for the incidents dated 08.09.2021 and 10.09.2021, an F.I.R. was lodged by the applicant herein against the opposite party no.2 on 13.09.2021. In the F.I.R. it is stated that there were tenants in the house, who had informed the police regarding the incident dated 08.09.2021. The said F.I.R. was duly investigated and the final report was submitted. On the basis of that a civil suit with regard to the property dispute between the applicant and the opposite parties is pending. The opposite party no.5 is the sister of the applicant no.1 herein, after the death of their parents, there arises a dispute with regard to the succession of the family property. The applicant herein claims right in the said property on the basis of a Will, which is disputed by the opposite party no.5 with regard to which civil proceedings are pending between the parties. After the final report was submitted in the instant case, the applicant herein has filed a protest petition, which was directed to be treated as a complaint case and thereafter the statement of the applicant herein as well as his brother, Yatendra Pal Singh, and one Ajay Pal Singh were recorded under Sections 200 and 202 Cr.P.C. Admittedly, in the F.I.R., it is own case of the applicant that at the time of the incident they were not present at the place of the incident. No independent witnesses or the tenants have been examined by the applicant in support of the incident, who were alleged to be present at the time of the incident. In view thereof, learned learned trial court has rejected the complaint under Section 203 Cr.P.C. 4. In view of the aforesaid facts as noted herein above, the applicant and the opposite party no.5 are real brother and sister. There is a civil dispute with regard the succession of property between them, for which a civil suit is already pending between the parties. None of the witnesses who were alleged to be independent witnesses in the incident, as narrated in the F.I.R., have been examined by the applicant in support of his complaint. Admittedly, applicant and his brother or the other witness examined were not present at place and time of the incident. 5. In view thereof, this Court do not find any illegality in the impugned order dated 23.08.2024, whereby the complaint of the applicant has been rejected and accordingly, the instant application is dismissed. Order Date :- 16.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad