Neutral Citation No. - 2025:AHC:133449 HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No. 22) Court No. - 78 Case :- APPLICATION U/S 482 No. - 41210 of 2024 Applicant :- Mahendra Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sita Ram Sharma Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Sitaram Sharma, learned counsel for the applicants and Sri S.K. Ojha, 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. 49 of 2023 (Manju Sharma vs. Mahendra Sharma and another) under Section 406, 506 IPC, Police Station-M.M. Gate, District-Agra as well as summoning order dated 22.5.2024 pending before the Additional Chief Judicial Magistrate, Court No. 3, Agra. 3. Learned counsel for the applicants submits that opposite party no. 2 has filed an application under Section 156(3) Cr.P.C. making out a false and concocted allegations for an incident dated 20.6.2020 after three years on 20.7.2023. Therefore, learned counsel for the applicants submits that the instant case is nothing but malicious prosecution on the part of opposite party no. 2 against the applicants. Thus, he seeks quashing of the entire proceedings of the instant case against the applicants. 4. Per contra, learned A.G.A. submits that clear and categorical allegations have been made in the application under Section 156(3) Cr.P.C. that due to lockdown the husband of the opposite party no. 2 lost his job and there was a financial constraint in the family. Thereupon the opposite party no. 2 was trying to pledge the jewellery to get some money for maintenance of the family during the difficult times of COVID-19 situation. When she was going to pledge the said jewellery then the applicants met her and asked why she is going to the market. Then she explained the reason and the applicants offered her to provide loan on subsidized rate of interest and asked her to pledge the jewellery with them. On such persuasion by the applicants, she handed over the jewellery to the applicants and received Rs. 50,000/- from the applicants. Applicants had instructed her to repay the amount in installments of Rs. 5,000/- each which was paid by the opposite party no. 2. After making the payment when the opposite party no. 2 asked them about the jewellery, the applicants refused to give the jewellery back and again demanded Rs. 60,000/-. The opposite party no. 2 submitted written report to the police, when no action was taken the instant application under Section 156(3) Cr.P.C. was filed by the opposite party no. 2, which was later treated as a complaint case. Thereafter, statement of witnesses was recorded under Section 200 and 202 Cr.P.C., the witnesses have also supported the allegations as made in the complaint. Thus, the trial court having found a prima facie case has summoned the applicants for the offence under Section 406, 506 IPC vide summoning order dated 22.5.2024, which is being challenged by the applicants in the instant case. 5. Thus, from the allegations as made in the instant case, a prima facie case has been made out against the applicants herein. So far as the malicious prosecution is concerned, learned counsel for the applicants has failed to produce any material to show any malafide against the applicants. In view thereof, this court do not find any good reason to interfere with the proceedings against the applicants. 6. 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