Kripa Shanker Tiwari And Anr. vs The State Of U.P And Anr.
2014 Latest Caselaw 3181 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
 
 

?Court No. - 26
 

 
Case :- U/S 482/378/407 No. - 3033 of 2014
 

 
Applicant :- Kripa Shanker Tiwari And Anr.
 
Opposite Party :- The State Of U.P And Anr.
 
Counsel for Applicant :- Mayank Pandey
 
Counsel for Opposite Party :- Govt. Advocate
 

 
Hon'ble Ajai Lamba,J.

1. This petition filed under Section 482 of the Code of Criminal Procedure seeks quashing of summoning order dated 27.9.2012 as well as entire proceedings of Complaint Case No.5095 of 2011 under Sections 323/504/506/406 I.P.C., Police Station Ashiyana, District Lucknow, Usha Tiwari v. Kripa Shanker Tiwari & ors., pending in the Court of Additional Chief Judicial Magistrate-II, Lucknow.

2. Contention of learned counsel appearing for the petitioner is that dispute raised in the criminal complaint of respondent no.2, Usha Tiwari, is in the nature of a purely civil dispute.  Civil suit is also pending adjudication in challenge to Gift-Deed made by Girdhar, who is uncle of petitioner no.1.  Girdhar is stated to have gifted the land in favour of Urmila, wife of petitioner no.1.  Complainant Usha Tiwari is daughter-in-law(not real) in relation.

3. The contention of learned counsel is that complaint itself admits that Gift-Deed was executed by Girdhar, however, it has been alleged that Girdhar was taken to the Registrar's office on the pretext of executing some documents for Old Age Pension.  It has been vehemently contended that once execution of a document is admitted and accepted, the complainant could not have made allegations of commission of offence.

4. Ms Shivani Chaudhari, learned counsel appearing for respondent no.2, contends that the summoning order is a reasoned order and no interference is called for.

5. Having gone through the summoning order, I find that it is the admitted case that civil suit has been filed and is pending adjudication between the parties in regard to the same Gift Deed, that is subject matter of this litigation.

6. It would be appropriate, if respondent no.2 is asked to file a counter affidavit.

7. List on 26.8.2014.

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

Order Date :- 15.7.2014

A.Nigam