HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22603 of 2025 Court No. - 78 HON'BLE NAND PRABHA SHUKLA, J. Heard learned counsel for the applicant, learned AGA for the State and perused the record. The present application u/s 528 BNSS has been filed with a prayer to allow this application and to quash the judgment and order dated 10.04.2025 passed by the learned Judicial Magistrate, Room No. 02, Kanpur Nagar in Misc. Case No. 609 of 2024 (Aditya Krishna Vs. Digvijay Singh and Others), u/s 173(4) BNSS, P.S. Rawatpur, District Kanpur Nagar and further be pleased to remand back this matter to the learned court below concerned for re-consideration. It has been submitted by the learned counsel for the applicant that the applicant moved an application u/s 173(4) of the BNSS for lodging of the FIR against the respondent nos. 2 to 4 but the same has been dismissed without application of mind in a mechanical manner. From the perusal of records it transpires that there is a property dispute between the parties and multiple civil litigations are pending between them. The dispute is basically civil in nature, the applicant can seek appropriate civil remedy. As far as, the allegation of marpeet and hurling of abuses is concerned, there is no material to substantiate the same. It has been held by the Hon'ble Apex Court in catena of judgments that where prima facie, the dispute appears to be civil in nature and has been given a criminal color to take advantage of a quick relief by lodging a criminal case, such an exercise is nothing but an abuse of the process of law which must be discouraged in its entirety. Versus Counsel for Applicant(s) : Abhishek Kulshrestha, Atul Tej Kulshrestha Counsel for Opposite Party(s) : G.A. Aditya Krishna .....Applicant(s) State Of U.P. And 3 Others .....Opposite Party(s) The applicant has given a cloak of criminal offence in respect to an issue which is of civil nature and can seek civil remedy. The criminal proceedings cannot be used as weapon of harassment. The Hon'ble Apex Court in Usha Chakraborty & another Vs. State of West Bengal & another, 2023 Live Law (SC) 67 has held that:- "Jurisdiction under Section 482 Cr.P.C. is to be exercised with care and caution and sparingly. To wit, exercise of the said power must be for securing the ends of justice and only in cases where refusal to exercise that power may result in the abuse of process of law". In view of the aforesaid facts and circumstances, no interference is required. Accordingly, the present application under Section 528 B.N.S.S. stands dismissed. September 16, 2025 Nisha NA528 No. 22603 of 2025 2 (Nand Prabha Shukla,J.) Digitally signed by :- nisha kumari High Court of Judicature at Allahabad