HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 23449 of 2025 Court No. - 77 HON'BLE SAURABH SRIVASTAVA, J. 1. Heard Sri Rishi Kant Rai, learned counsel for applicants and Sri Pramod Kumar Singh, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA. 2. The present application has been filed by applicant praying for quashing of chargesheet dated 31.10.2023 along with cognizance/summoning order dated 03.03.2025 as well as entire proceedings of Case No.372 of 2025 (State Vs Sukhpal and others), arising out of Case Crime No.211 of 2023, under Section 420, 506 IPC, P.S. Khurja Dehat, District Bulandshahar, pending in the court of learned A.C.J.M. Khurja, Bulandshahar. 3. Learned counsel for applicants submitted that civil dispute is persisting between the parties wherein certain orders passed by Settlement Officer, Consolidation which have been put under challenged before Deputy Director, Consolidation and thereafter the matter is still pending before this Court for final adjudication wherein interim order has already been granted in favour of opposite party no.2. Learned counsel for applicants further submitted that by bare perusal of narration of the FIR itself, it appears that the same has been instituted only on the basis of the information sought through Deputy Director, Prosecution and as such, the same does not come under the ambit of FIR whereas the same is a complete process which has already been adopted in shape of initiating inquiry and sought information thereupon only to implicate applicants into unwarranted criminal litigation. It has also been submitted by learned counsel for applicants that there is specific allegation of execution of sale deed but without availing the remedy under Code of Civil Procedure in shape of suit for cancellation of sale deed, opposite party no.2 lodged the present FIR against applicants, who are bonafide share holders of the plot in question, which culminated into Versus Counsel for Applicant(s) : Jyoti Kumar Singh, Rishi Kant Rai Counsel for Opposite Party(s) : G.A., Pramod Kumar Singh Ramesh Alias Ramvati And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s) submission of chargesheet whereupon cognizance of offence was taken by learned court concerned and as such, the entire proceedings of the present case may be set aside. 4. 4. Per contra, Sri Pramod Kumar Singh, learned counsel appearing on behalf of opposite party no.2 as well as learned AGA vehemently opposed the prayer sought through the instant application and rebutted the stand taken up by learned counsel for applicants by way of submitting that after conduction of detailed inquiry, chargesheet was submitted whereupon cognizance of offence was taken by learned court concerned. It has also been submitted by learned counsel for opposite party no.2 that the applicants have sold the portion of plot which was illegally inherited by them but at the same time, he did not dispute the fact that the said matter is still pending to be adjudicated before this Court. 5. After hearing the rival submissions of learned counsel for the parties, it becomes apparent that the implication of applicants in the present case, rests solely on the execution of sale deed whereas the dispute arising therefrom is already subjudice before this Court for final adjudication and when the civil proceedings concerning the same issue are still pending, initiation of criminal proceedings against the applicants, without availing the civil remedies prescribed under the Code of Civil Procedure, amounts to an abuse of process of law. 6. In view thereof, chargesheet dated 31.10.2023 along with cognizance/summoning order dated 03.03.2025 as well as entire proceedings of Case No.372 of 2025 (State Vs Sukhpal and others), arising out of Case Crime No.211 of 2023, under Section 420, 506 IPC, P.S. Khurja Dehat, District Bulandshahar, pending in the court of learned A.C.J.M. Khurja, Bulandshahar, are hereby set aside. 7. Accordingly, the instant application is allowed. October 8, 2025 Vivek Kr. NA528 No. 23449 of 2025 2 (Saurabh Srivastava,J.) Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad Digitally signed by :- VIVEK KUMAR High Court of Judicature at Allahabad