Neutral Citation No. - 2025:AHC:51260-DB Court No. - 42 Case :- CRIMINAL MISC. WRIT PETITION No. - 18145 of 2023 Petitioner :- Charanpal Singh Sobti And Another Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Ravitendra Pratap Singh Chandel,Sushil Shukla Counsel for Respondent :- G.A. Hon'ble Mahesh Chandra Tripathi,J. Hon'ble Prashant Kumar,J. 1. Heard Shri Sushil Shukla, learned counsel for the petitioners, Shri G.P. Singh, learned AGA for the State and perused the record. 2. The instant writ petition has been preferred inter-alia seeking following main reliefs:- "1. To, issue a writ order or direction in the nature of certiorari quashing the impugned FIR dated 02.11.2023 lodged against the petitioners, which has been registered as the Case Crime No.362 of 2023, under sections 420, 406, 506, 467, 468, 471 IPC, P.S. Bilaspur, District Rampur. 2. To, issue a writ, order or direction in the nature of mandamus commanding the respondent no.2 not to arrest the petitioners in connection with Case Crime No.362 of 2023, under sections 420, 406, 506, 467, 468, 471 IPC, P.S. Bilaspur, District Rampur until the conclusion of investigation or until the submission of police report, if any, in the said case crime." 3. The coordinate bench while entertaining the writ petition on 22.11.2023 has proceeded to pass the following order:- "Contention is that there exists civil dispute between the parties, with regard to which, civil suit is pending and lodgement of instant F.I.R. is an abuse of process of law. During the course of hearing, learned counsel for the petitioners has fairly stated that though the amount of Rs.58,75,000/- was deposited by the informant for allotment of plot, but despite repeated notices he never turned up. Submission is that the F.I.R. has been instituted after 17 years only to get over the difficulty of their suit being time-barred. The matter requires consideration. Notice on behalf of respondent nos.1 and 2 has been accepted by learned A.G.A. Issue notice to respondent no.3 returnable at an early date. List thereafter one month. In the facts of the case, we direct the petitioners to deposit Rs.60,00,000/- with Registrar General of this Court, within one month, from today to establish their bona fide. Subject to petitioners depositing the above amount and cooperating in the investigation, no coercive action shall be taken against them, pursuant to impugned First Information Report, registered as Case Crime No. 362 of 2023, under Sections 420, 406, 506, 467, 468 and 471 I.P.C., Police Station- Bilaspur, District Rampur, till the next date of listing or till submission of police report under section 173(2) Cr.P.C., whichever is earlier." 4. Learned counsel for the petitioners submits that as per command of division bench order dated 22.11.2023, admittedly, the petitioners have deposited a demand draft of Rs.60,00,000/- with the Registrar General of this Court within stipulated time. He further submits that the dispute is purely civil in nature and the impugned FIR is misuse of process. In support of his submission, he has placed reliance on the judgement of Apex Court in Criminal Appeal No.932 of 2021 (Randheer Singh vs. the State of UP and ors) decided on 02.9.2021 as well as order dated 26.10.2021 passed in Criminal Appeal no.1285/2021 (Mitesh Kumar Jha vs. The State of Karnataka) and order dated 25.10.2021 passed in Criminal Appeal no.1393/2011 (Ramawatar vs. State of Madhya Pradesh) and submits that the Court must ensure that criminal prosecution is not used as an instrument of harassment or for seeking private vendetta or with an ulterior motive to pressurize the accused. Therefore, the impugned FIR is liable to be quashed. 5. Learned counsel for the informant submits that as the amount, which is outstanding has already been deposited, a direction may be issued to the Registrar General of this Court for release of the said amount in favour of the informant. 6. Learned AGA submits that he has no instructions whether the complicity of the informant has been found or not in the investigation, therefore, sometime may be accorded to him to place on record the status of ongoing investigation. 7. Considering the factual situation, it is not in dispute that the dispute is purely civil in nature for which civil suit is pending, the petitioners have complied with the order dated 22.11.2023 passed by division bench, they have no objection in case the said amount is released in favour of the informant, the impugned proceedings are misuse of process and the same are liable to be quashed. 8. Accordingly, the instant writ petition is allowed the F.I.R. dated 02.11.2023 registered as Case Crime No.362 of 2023, under Sections 420, 406, 506, 467, 468 and 471 IPC, P.S. Bilaspur, District Rampur is hereby quashed. Consequent proceedings, if any, arising out of impugned FIR are also quashed. 9. The Registrar General of this Court is directed to release the amount of Rs.60,00,000/- in favour of respondent no.3 forthwith. Order Date :- 8.4.2025 S.P. (Prashant Kumar,J.) (M. C. Tripathi,J.) Digitally signed by :- SANJAY PURI High Court of Judicature at Allahabad