HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 44084 of 2023 Court No. - 76 HON'BLE SAMIT GOPAL, J. 1. List revised. 2. Heard Sri Prabhat Chandra Mishra, learned counsel for the applicants, Sri Devendra Nath Mishra, learned counsel for the State and perused the record. 3. Notice was issued to the opposite party no. 2 vide order dated 02.12.2023. Office vide its report dated 15.2.2024 has reported that notice has been served personally upon the opposite party no. 2. Office has placed on record a report dated 8.1.2024 of C.J.M., Etawah to the said effect. Along with the said report a report dated 6.1.2024 of Police Station Bakewar, District Etawah has been enclosed which has also been perused. Despite service on the opposite party no. 2, neither the opposite party no. 2 is present before the Court nor there is any representation on his behalf even in the revised list. 4. This application under Section 482 Cr.P.C. has been filed by the applicants- Sunil Kumar, Aman@Bholu and Rakesh Singh with the following prayers:- "It is, therefore, Most Respectfully prayed that, this Hon'ble Court may graciously be pleased to allow the instant application under Section 482 Cr.P.C. and quash the entire proceedings of Special Case No.35 of 2023 (Tridev Singh Advocate Vs. Sunil Kumar and others), Under Sections- 392 I.P.C., Police Station Friends Colony, District- Etawah, pending in Versus Counsel for Applicant(s) : Prabhat Chandra Mishra Counsel for Opposite Party(s) : G.A. Sunil Kumar And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) the Court of Special Judge (D.A.A)/Additional District Judge, Court No.7, District- Etawah, as well as summoning order dated 02.08.2023 passed by the Special Judge (D.A.A)/Additional Sessions Judge, Court No.5, District- Etawah, may also be quashed, otherwise the Applicant shall suffer irreparable loss and injury which cannot be compensated in any terms. It is further prayed that this Hon'ble Court may graciously be pleased to stay the further proceedings of Special Case No.35 of 2023 (Tridev Singh Advocate Vs. Sunil Kumar and others), Under Sections- 392 I.P.C., Police Station Friends Colony, District- Etawah, pending in the Court of Special Judge (D.A.A) /Additional District Judge, Court No.7, District- Etawah, as well as summoning order dated 02.08.2023 passed by the Special Judge (D.A.A)/Additional Sessions Judge, Court No.5, District- Etawah., may also be quashed, otherwise the Applicant shall suffer irreparable loss and injury which cannot be compensated in any terms." 5. Learned counsel for the applicants submits that the applicant no.1 Sunil Kumar has died and thus the present application be dismissed as not pressed with regards to him. The prayer is allowed. 6. Accordingly, the present application is dismissed as not pressed. 7. Interim order, if any, shall stand vacated. 8. The present application stands for the applicant no.2/Aman @ Bhulu and no. 3/Rakesh Singh only. 9. The matter was initially taken up on 02.12.2023 and the following order was passed by a co-ordinate Bench of this Court:- "Learned counsel, inter-alia contends that a land dispute between applicant no. 1-Sunil Kumar and brother of the complainant- Tridev Singh Yadav, Advocate is pending before the civil court, and on 10.2.2023 when applicant no. 3-Rakesh Kumar had gone to the court as a witness, he was given beatings by complainant- Tridev Singh along with others, and in this regard on the same day a complaint was given to the S.H.O. but no action was taken upon the same. He submits that thereafter the complainant got implicated the applicants in a false case crime no. 45 of 2023, revealing that an occurrence which had taken place on 10.2.2023, the applicants committed the offences punishable under Section 307 I.P.C., but after investigation the same was found to be false and chargesheet was submitted for the offence A482 No. 44084 of 2023 2 punishable under sections 323 and 506 I.P.C, wherein the applicants are on bail. Learned counsel for the applicants has drawn the attention of the Court to the complaint dated 15.3.2023 bearing Special Case No. 35 of 2023 to contend that again the complainant has levelled false allegations against the applicants and the report of the S.H.O. dated 27.3.2023 (Annexure-4) mentioned that no such occurrence as alleged has taken place, and despite, that the court has issued the process against the applicants, vide order dated 2.8.2023, which is nothing, but abuse of process of law. Matter requires consideration. Issue notice to opposite party no.2 returnable on 14.02.2024. Meanwhile, further proceedings pursuant to the Special Case No. 35 of 2023, titled Tridev Singh, Advocate vs. Sunil Kumar and others), under Section 392 I.P.C., P.S. Friends Colony, district- Etawah shall remain stayed. " 10. Learned counsel for the applicants submits that a land dispute between Sunil Kumar (since deceased) and brother of the complainant- Tridev Singh Yadav, Advocate is pending before the civil court. It is submitted that on 10.2.2023 when applicant no. 3-Rakesh Kumar had gone to the court as a witness, he was given beating by complainant- Tridev Singh along with others, and in this regard on the same day a complaint was given to the S.H.O. but no action was taken upon the same. It is submitted that thereafter the complainant got implicated the applicants in a false Case Crime No. 45 of 2023, revealing that an occurrence which had taken place on 10.2.2023, the applicants committed offences punishable under Section 307 I.P.C., but after investigation the same was found to be false and chargesheet was submitted for the offence punishable under sections 323 and 506 I.P.C. only, wherein the applicants are on bail. Learned counsel has drawn the attention of the Court to the complaint dated 15.3.2023 bearing Special Case No. 35 of 2023 to submit that again the complainant has levelled false allegations against the applicants and the report of the S.H.O. dated 27.3.2023 (Annexure-4) mentioned that no such occurrence as alleged has taken place, and despite, that the court has issued the process against the applicants, vide order dated 2.8.2023, which is nothing, but abuse of process of law. It is submitted while placing para- 34 of the affidavit that the applicants have no criminal history. Further while placing para-35 of the affidavit it is submitted that the present case is a case of no injury. It is submitted that while placing para-39 of the affidavit that the applicant no. 2 Aman@Bholu is preparing for A482 No. 44084 of 2023 3 competitive examination and the applicant no. 3 Rakesh Singh is a registered businessman. Learned counsel has relied upon para-102 of the judgement of the Apex Court in the case of State of Haryana and Others Vs. Bhajan Lal and Others: 1992 Suppl (1) SCC 335 and has submitted that one of the categories being category no.7 as laid down by the Apex Court in the said judgement for quashing of the proceedings under Section 482 Cr.P.C. are of malafides intentions and counterblast. Para-102 of the said judgement reads as under:- "102. In the backdrop of the interpretation of the various relevant provisions of the Code under Chapter XIV and of the principles of law enunciated by this Court in a series of decisions relating to the exercise of the extraordinary power under Article 226 or the inherent powers under Section 482 of the Code which we have extracted and reproduced above, we give the following categories of cases by way of illustration wherein such power could be exercised either to prevent abuse of the process of any court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused. (4) Where, the allegations in the FIR do not constitute a cognizable A482 No. 44084 of 2023 4 offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party. (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge." 11. It is submitted that the prayer be allowed and the proceedings against the applicants be quashed. 12. Per contra, learned counsel for the State opposed the prayer for quashing. 13. After having heard learned counsels for the parties and perusing the records, it is evident that the present case is a case of no injury. The petition survives with regards to the applicant no. 2 and 3 only. There had been previous cases between the applicant no. 1Sunil Kumar (since deceased) and the brother of the complainant/Tridev Singh, which is pending before the civil court concerned. Even the applicant no. 3 Rakesh Singh was assaulted by the opposite party no. 2 and other persons on the day when he had gone to court for recording of his testimony. The present case appears to be with malafide intentions which is an abuse of process of the court. 14. In view of the above discussions and the law laid down by the Apex A482 No. 44084 of 2023 5 Court in the case of Bhajan Lal (Supra), the same deserves to be quashed. 15. Accordingly, the present 482 Cr.P.C. application stands allowed. 16. The impugned charge sheet, cognizance and summoning order and the proceedings of the said case are hereby quashed against the applicants. 17. Pending application(s), if any, shall stand disposed of. September 28, 2026 Naresh A482 No. 44084 of 2023 6 (Samit Gopal,J.) Digitally signed by :- NARESH KUMAR High Court of Judicature at Allahabad