MAHADEVI Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Rakesh Kumar Singh, learned counsel for the applicants, Sri Hemendra Pratap Singh, learned counsel for opposite party no. 2, Sri G.P. Singh, learned A.G.A. and perused the record.

(2.) This application under Section 482 Cr.P.C has been moved with a prayer to quash the impugned charge-sheet dated 12.11.2014 arising out of Case Crime No. 261 of 2014 under sections 420 and 406 IPC Police station Hathras Gate, District Hathras registered as Case No.73 of 2015 (State vs. Smt. Mahadevi and others) pending in the Court of A.C.J.M., Hathras and to direct that no coercive action may be taken against the applicants in pursuance of the charge-sheet dated 12.11.2004.

(3.) The main argument of the learned counsel for the applicant is that the FIR was lodged 11 years after the date of occurrence and in the grounds taken by him in affidavit filed in support of the application it has been mentioned that the opposite party no. 2 had filed an original suit no. 200 of 2004 (Prem Singh and another vs. Smt. Mahadevi and 4 others) in which he had also moved an application under Order 39 Rule 2(A) CPC seeking punishment for committing contempt of court but when he did not succeed there, he lodged this FIR. This is nothing but purely civil dispute between the parties. There is no independent witness of the occurrence and the statements of the witnesses are stereo typed. The facts mentioned in the FIR and the complaint cannot be taken as gospel truth, this is nothing but malicious prosecution and entire proceeding needs to be quashed.