Khatoon Nisha And Anr. vs The State Of U.P And Anr.
2014 Latest Caselaw 2862 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 2997 of 2014
 

 
Applicant :- Khatoon Nisha And Anr.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Abhishek Mishra
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1. This petition filed under Section 482 of the Code of Criminal Procedure prays for quashing Criminal Case No.42 of 2013, State v. Khatton Nisha and others, in Case Crime No.197 of 2011 under Sections 419/420/467/468/471 I.P.C., Police Station Khodare, District Gonda.

2. Learned counsel appearing for the petitioner contends that if a reference is made to the F.I.R. itself, it would be evident that no offence has been committed by the petitioners.  The only allegation made by respondent no.2 against the petitioners is to the effect that the petitioners have filed a civil suit on the basis of false averments. The F.I.R. has been referred to in extenso by the learned counsel.

3. In the contention of learned counsel for the petitioners, petitioners have instituted a civil suit.  It is for the Civil Court to adjudicate and determine the issues framed during the pendency of proceedings. F.I.R. in that regard cannot be lodged. The respondent-complainant/defendant in the suit would have the right to file his written statement on facts and bring evidence to contradict the same.  At this juncture criminal proceedings are not maintainable.

4. Considering the facts and circumstances, noted above, issue notice to respondent no.2 through Chief Judicial Magistrate, Gonda, returnable on 18.8.2014.

5. List on 18.8.2014.

6. Further proceedings in the case shall remain stayed till the next date of listing.

Order Date :- 10.7.2014

A.Nigam