Neutral Citation No. - 2025:AHC:132466 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 20) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41193 of 2024 Applicant :- Sanjeev And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Jeet Yeadav Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Chandra Jeet Yadav, learned counsel for the applicants and Sri Yogendra Singh, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the entire proceedings of Complaint Case No. 7154 of 2023 (Manoj Kumar vs. Sanjeev and others), under Sections 504/506 IPC, Police Station-Daurala, District- Meerut pending before the court of Judicial Magistrate/Additional Civil Judge (Junior Division), Court No. 3, Meerut, District-Meerut. 3. Learned counsel for the applicants submits that there is a property dispute between the applicants and the opposite party no. 2 due to which making out a false and concocted story, the instant complaint case has been lodged by the opposite party no. 2. Learned counsel for the applicants has also heavily relied upon a police report obtained by the Magistrate in the instant case wherein the police has opined that the dispute between the parties is of civil nature and they were directed to take appropriate recourse to the civil proceedings. Thus, learned counsel for the applicants submits that since the dispute is with regard to property between the parties, which is a civil dispute, therefore, he seeks quashing of the entire proceedings of the instant case. 4. Per contra, learned A.G.A. for the State submits that the civil dispute between the parties is motive to cause the incident as has been alleged in the complaint. Para 3 and 5 categorically states the allegations against the applicants which are criminal in nature. The opposite party no. 2 was constructing the house and thereupon the applicants have objected, abused and assaulted the opposite party no. 2. Thus, the categorical case of criminal intimidation is made out against the applicants for abusing and assaulting the opposite party no. 2 and his mother. Thus, learned A.G.A. submits that since a prima facie case of criminal nature is made out from the allegations as made in the complaint, which is duly supported by statement of witnesses under Section 200 and 202 Cr.P.C., therefore, no interference is called for in the instant case. 5. Having heard the rival submissions made by learned counsel for the parties, this Court has carefully gone through the records of the case. 6. The opposite party no. 2 has filed an application under Section 156(3) Cr.P.C. alleging therein that the applicants and the opposite party no. 2 are the neighbors. The father and elder brother of father of opposite party no. 2 both have purchased a plot a plot 39 years ago and subsequent thereto they have partitioned the said plot and both of them were in occupation of their own shares. The applicants herein have already constructed the house in the half portion of the plot and the opposite party no. 2 was using his plot as open land. When the opposite party no. 2 started raising constructions in his portion of the plot, the applicants started having enmity with the opposite party no. 2 and on 28.8.2022 at about 4:30 pm they started abusing the opposite party no. 2 and assaulted him as well as the other family members of the opposite party no. 2. The aforesaid incident was reported to the police station, however, due to intervention of the elders and well-wishers, a compromise was arrived at between the parties at the police station on the same date itself. 7. Subsequent thereto, on 30.8.2022 again the applicants entered into the plot of opposite party no. 2 and abused and assaulted the mother as well as brother of opposite party no. 2. The incident was reported again to the police; however no report was registered and the police told that first get the medical done and then the case will be registered. A complaint was also made to the Senior Superintendent of Police but when no action was taken, an application under Section 156(3) Cr.P.C. was filed by the opposite party no. 2. In the said application, a report was obtained by the Magistrate from the police concerned, which has reported that there is a boundary dispute between the applicants and the opposite party no. 2, due to which both the parties are inimical to each other and they were cautioned to take recourse to civil court for resolution of their dispute. Thus, from the police report, it is clear that there was enmity with regard to boundary between the parties due to which the incident as alleged in the complaint, has been caused by the applicants. The allegations as made in the application under Section 156(3) Cr.P.C., which was later treated as a complaint case are duly supported by statement of witnesses under Section 200 and 202 Cr.P.C., thus, a prima facie case is made out against the applicants, whereupon the learned Magistrate has summoned the applicants for the offence under Section 504, 506 IPC vide summoning order dated 6.9.2023. 7. In view thereof, this Court do not find any illegality in the proceedings initiated against the applicants. 8. Accordingly, the instant application is dismissed. Order Date :- 6.8.2025 Kirti (Anish Kumar Gupta, J.) Digitally signed by :- SMT KIRTI MISHRA High Court of Judicature at Allahabad