Neutral Citation No. - 2025:AHC:64497 Court No. - 87 Case :- APPLICATION U/S 482 No. - 5456 of 2016 Applicant :- Dharmendra Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anurag Pathak Counsel for Opposite Party :- G.A. Hon'ble Prashant Kumar,J. 1. Heard Shri Anurag Pathak, learned counsel for applicants, learned A.G.A. for the State-respondent no.1 and perused the record. 2. This application under Section 482 Cr.P.C. has been filed with the request to quash the charge-sheet dated 18.09.2014 as well as proceedings of Case No. 1786 of 2014 arising out of Case Crime No. 301 of 2014, under section 406 I.P.C., Police Station Deoband, District Saharanpur. 3. Learned counsel for the applicant submits that the applicants were doing labour work with the opposite party no. 2 at Government Polytechnic College, Saharanpur, they are innocent and have been falsely implicated in the instant matter. Further submission is that an FIR was lodged by the Opposite Party No. 2 on 10.03.2014 against the applicants in which it was alleged that the applicants had stolen five quintal iron rod and motor pump from the site of the opposite party no. 2. After investigation police has submitted charge sheet on 18.09.2014. He further submits that applicant by means of the instant application is challenging the criminal proceeding as well as charge sheet. He further submits that this Court while entertaining the matter had accorded interim relief vide order dated 23.02.2016 and issued notice to the Opposite Party. He further submits that State had filed counter affidavit in the year 2016, in which the contents of the application had not been denied, however, noitce upon Opposite Party No. 2 had already been served, but no one has turned up on behalf of Opposite Party No. 2. He further submits that the FIR has been lodged just to put undue pressure upon the applicants as they have demanded their outstanding dues from the Opposite Party No. 2. Learned counsel for the applicants submits that lodging of FIR is pure abuse of process of law and therefore, the criminal proceedings initiated by the opposite party no. 2 is liable to be quashed. 4. Heard the submissions advanced and perused the record, this Court find that while entertaining the instant matter, the coordinate Bench vide order dated 23.02.2016 had accorded interim protection to the applicants and issued notice to the opposite party no. 2 and as per office report, same was served upon opposite party no. 2 on 14.09.2017. In response to the said order State had filed counter affidavit in which the contents of the application has not been denied by the State, whereas till date neither the Opposite Party No. 2 turned up nor counter affidavit has been filed on his behalf. It is presumed that the Opposite Party No. 2 after lodging the FIR has lost interest in the matter, therefore, none on behalf of the Opposite Party No. 2 has put appearance in the instant matter, on the other hand State has not denied the version of application in its counter affidavit. Moreover, the applicants are laborer and the version of counsel for the applicant that since there was outstanding dues of labour work which was to be paid by the Opposite Party No. 2, but instead of paying the same just to harass and put undue pressure, Opposite Party No. 2 had implicated the applicants in the instant criminal proceedings which is pure abuse of process of law and the instant application is liable to be allowed. 5. The application under Section 482 is allowed. The criminal proceedings initiated against the applicants in Case No. 1786 of 2014 arising out of Case Crime No. 301 of 2014, under section 406 I.P.C., Police Station Deoband, District Saharanpur are hereby quashed. Order Date :- 22.4.2025 Bhanu Digitally signed by :- BHANU PRATAP KUSHWAHA High Court of Judicature at Allahabad