BHOOP SINGH Vs. STATE OF U P

JUDGEMENT

(1.) -This application has been filed by the applicants Bhoop Singh and Niranjan Singh with a prayer to quash the proceeding of Complaint Case No. 798 of 2007 under Sections 323, 386, 420, 467, 468, 471 and 120B, I.P.C., P. S. Malpura, district Agra, pending in the court of learned Judicial Magistrate-I, Court No. 39, Agra.

(2.) HEARD Sri K. K. Dwivedi, learned counsel for the applicants learned A.G.A. for the State of U. P.

(3.) ON the basis of above mentioned settled principles the complaint can be quashed where the allegations made in 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 the case alleged against the accused for this purpose on cross-examining the present complaint as a whole without examining the merits of the allegations. It appears that the allegations are not of purely civil in nature. The allegations make out a criminal offence in such cases the institution of the civil suit having nature and scope different from a criminal proceeding on the basis of the institution of a civil suit or availability of a civil remedy is not ground to quash the criminal proceedings. So far as the malicious prosecution is concerned by plain reading of the complaint it does not appear that criminal proceeding has been initiated with mala fide/ maliciously for wreaking vengeance or to cause harm or the allegations are absurd and inherently improbable because in the present case the main allegation is of committing the forgery by way of executing a forged sale deed and thereafter by way of exercising a physical power taking away a Tractor and causing the injuries by way of using kicks and fists. In such circumstances, the contention made by learned counsel for the applicants have no substance, therefore, the prayer for quashing the proceeding of Complaint Case No. 798 of 2007 under Sections 323, 386, 420, 467, 468, 471 and 120B, I.P.C., P. S. Malpura, district Agra pending in the court of learned Judicial Magistrate-I, Court No. 39, Agra is refused.