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Allahabad High Court · body

2000 DIGILAW 50 (ALL)

QADIR KHAN v. STATE OF UTTAR PRADESH

2000-01-12

U.S.TRIPATHI

body2000
U. S. TRIPATHI, J. ( 1 ) HEARD Sri Anil Kumar Srivastava learned counsel for the applicants and Sri Syed Wajid Ali, learned counsel for the opposite party No. 2 and learned A. G. A. appearing for the opposite party No. 1 and 3. ( 2 ) IN this proceeding under Section 482, Cr. P. C. quashing of complaint in case No. 754 of 1998, Ramzan Khan v. Qadir Khan and others pending in the Court of Second Additional Chief Judicial Magistrate, Banda has been sought. ( 3 ) THE opposite party No. 2 filed a complaint against the applicants under Section 419, 420, 323, 504, 506, 363 and 365, I. P. C. with the allegation that on 3-9-1994 at about mid night the applicants raided his house and forcibly abducted Smt. Barkatiya his widowed aunt and wanted to get sale deed executed by some imposter in order to grab the property of Smt. Barkatiya. The learned Magistrate on considering statement under Sections 200 and 202, Cr. P. C. summoned the applicants on the said complaint. ( 4 ) THE learned counsel for the applicants pointed out that the opposite party No. 2 had filed suit No. 676 of 1994 in the Court of Munsif, Banda for cancellation of sale deed dated 21-9-1994 allegedly executed by Smt. Barkatiya. In the said suit he set up another story. I have perused the photostat certified copy of the plaint and above suit No. 676 of 1994. In para 5 of the said suit, the opposite party No. 2, plaintiff of said suit, has clearly alleged that Smt. Barkatiya was an illiterate old lady. She had no issue and was residing with him till her death and the impugned sale deed was obtained by some imposter. ( 5 ) THIS suit was filed on 19-12-1994. In this way the opposite party No. 2 himself belied the allegation of abduction/murder of Smt. Barkatiya. ( 6 ) SO far the allegations regarding execution of sale deed by some imposter are concerned, Civil suit is already pending between the parties and the competent Court will decide the above question. ( 7 ) IT is clear that the complaint was filed on false facts as per admission of opposite party No. 2 in the Civil suit and complaint appears mala fide. ( 7 ) IT is clear that the complaint was filed on false facts as per admission of opposite party No. 2 in the Civil suit and complaint appears mala fide. Continuance of the proceeding arising out of the above complaint is nothing but abuse of process of law which can be quashed, in this proceeding in the exercise of power under Section 482, Cr. P. C. on the tests laid down by the Apex Court in the case of State of Haryana v. Bhajan Lal, 1992 SCC (Cri.) 426 : ( AIR 1992 SC 604 : 1992 Cri LJ 527 ). ( 8 ) THE application is accordingly allowed and the complaint in case No. 754 of 1998, Ramzan Khan v. Qadir Khan and others pending in the Court of IInd Additional Chief Judicial Magistrate, Banda as well as proceeding arising out of it are hereby quashed. Application allowed. .