Neutral Citation No. - 2025:AHC:144800 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.22) Court No. - 78 Case :- APPLICATION U/S 528 BNSS No. - 11307 of 2025 Applicant :- Smt Anshrupa Khare @ Smt Anshurupa Khare And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Mishra Counsel for Opposite Party :- Deepak Kumar Singh,G.A.,Ram Pal Singh Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Satish Mishra, learned counsel for the applicants, Sri Shubham Singh, Advocate holding brief of Sri Deepak Kumar Singh, learned counsel for opposite party no.2 and the learned AGA for the State. 2. The instant application has been filed seeking quashing of the charge sheet dated 08..07.2024 as well as the cognizance/summoning order dated 13.02.2025 and the entire proceeding of Case No. 4172 of 2025 (State vs. Anshrupa Khare and others), arising out of Case Crime No. 0049 of 2024, under Sections 147, 448, 506, 427 IPC, P.S. Kotwali, District Prayagraj, pending in the Court of Chief Judicial Magistrate, Allahabad. 3. Learned counsel for the applicants submits that there is a civil dispute between the parties with regard to a shop in question, due to which the proceeding was also initiated by the applicants against the grandmother of the opposite party no.2. In the instant case, the incident is of 14.01.2024, however the FIR has been lodged on 06.04.2024. Thus learned counsel for the applicants submits that the instant case is nothing but a malicious prosecution on the part of the opposite party no.2 against the applicants. Learned counsel for the applicants further submits that no such incident as alleged in the FIR has taken place. Therefore, learned counsel for the applicants seeks quashing of the entire proceeding of the instant case. 4. Per contra, learned counsel for the opposite party no.2 submits that on the date of incident itself, the police was called and after the police reached on the spot the applicants ran away from there. The entire incident was recorded in the CCTV footage, which has been made available to the investigating agency on a pen drive. On the basis of the same, the investigating agency has has found the allegations against the applicants proved, thereupon the charge sheet was filed against the applicants herein. Since the incident of criminal nature has occurred, which is well covered in the CCTV footage and the videos thereof have already been provided to the investigating agency, thus it cannot be said that incident as alleged has not taken place. Therefore, learned counsel for the opposite party no.2 submits that since there are ample evidences of criminal incident caused by the applicants, in view thereof, pendency of the civil suit would not be a bar for initiating the proceeding against the applicants herein. 5. Learned AGA also supports the submission made by learned counsel for the opposite party no.2 and submits that the CCTV footage has already been taken on record by the investigating agency, according to which the allegations have been found to be proved against the applicants on the basis of the some, the charge sheet was filed and having found a prima facie case, the cognizance has been taken by the trial court against the applicants. In view thereof, no interference is called for in the instant case. 6. Having heard the rival submission so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that on 14.01.2024 the applicants herein broke open the lock of the shop in question with regard to which a civil dispute is pending between the parties and thereby they have tried to forcibly occupy the said shop and broken the articles, damaged the valuable property belonging to the opposite party no.2. As has been submitted by learned counsel for the opposite party no.2 as well as the learned AGA, the entire incident is covered in the CCTV footage and whcih has been provided to the investigating agency on a pen drive. Thus, there is no doubt that such incident has taken place. Merely, because the civil suit is pending, the criminal proceedings which are duly established cannot be washed away rather for causing the criminal incident, the pendency of civil dispute becomes a motive. 7. In view thereof, this Court does not find any good reason to entertain the instant application. Accordingly, the instant application is dismissed. Order Date :- 22.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad