Neutral Citation No. - 2025:AHC:114316 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 18108 of 2025 Applicant :- Mohd. Samir And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Hasham,Syed Faiz Hasnain Counsel for Opposite Party :- G.A.,Subodh Pandey Hon'ble Raj Beer Singh,J. 1. Short counter affidavit on behalf of opposite party no.2 and rejoinder affidavit on behalf of the applicants, filed in Court today, are taken on record. 2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2, learned A.G.A. for the State and perused the record. 3. This application under Section 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed for quashing of entire proceedings, including charge sheet dated 06.10.2024 as well as cognizance / summoning order dated 21.02.2025, of Case No. 4085/9 of 2025 (State of U.P. Vs. Mohd. Samir and Others), arising out of Case Crime No. 664 of 2024, under Sections - 323, 406, 420, 452, 504, 506 I.P.C., Police Station - Civil Lines, District- Moradabad, pending before the court of Chief Judicial Magistrate, Moradabad. 4. It is submitted by learned counsel for applicants that dispute between the parties is civil in nature and no prima-facie case is made out. Applicants have agreed into an agreement with informant vide agreement dated 04.12.2023 to sell their land and they have received only an amount of Rs. 50,000/- as part payment. The allegation that an amount of Rs. 9,50,000/- was given in cash is wholly false. The agreement relied by informant regarding alleged dispute is wholly false. Applicants are ready to return the amount of Rs. 50,000/- of the informant. It is further submitted that in the said agreement with informant no time was fixed for execution of sale-deed and orally it was agreed that sale-deed would be executed within a period of three months and that applicants have executed the sale-deed in favour of alleged Ragni Bhardwaj after seven months of the said agreement. Referring to facts of the matter, it was submitted that no prima-facie case is made out against applicants. 5. Learned counsel for the opposite party no.2 and learned A.G.A. have opposed the application and submitted that in the said agreement of sale, applicants have agreed to execute the sale-deed within a period of seven months and that informant has paid Rs. 50,000/- through bank account and Rs. 9,50,000/- in cash to the applicants. The applicants did not execute the sale-deed in favour of informant, rather they sold the disputed property to one Ragni Bhardwaj. It is further submitted that applicants have made alteration and forged the alleged agreement of sale and the condition that sale-deed was to be executed within seven months was removed. Referring to facts of the matter, it was submitted that a prima-facie case is made out against applicants. 6. I have considered the rival submissions and perused the record. 7. In the instant matter it appears from record that applicants have been summoned for the offence under Sections - 323, 406, 420, 452, 504, 506 vide impugned cognizance / summoning order dated 21.02.2025 and in view of the law laid down in the case of Delhi Race Club (1940) Ltd. and Others Vs. State of Uttar Pradesh and Another; 2024 SCC Online SC 2248, applicants cannot be prosecuted for both the offence under Sections - 420 and 406 I.P.C. simultaneously. It was held that offence under Sections - 420 and 406 I.P.C. are antithetical to each other and they cannot exist simultaneously in the same set of facts. Thus, it is clear that impugned summoning order is not in accordance with law. 8. In view of the aforesaid, the impugned summoning order dated 21.05.2025, passed by the Chief Judicial Magistrate, Moradabad, is hereby set aside and the matter is remitted back to the court concerned to pass the order on the point of summoning afresh, expeditiously in accordance with law. 9. The application u/s 528 BNSS is disposed of in above terms. Order Date :- 16.7.2025 / S Rawat Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad