Allahabad High Court
AKHTAR ALI AND 4 OTHERSversusSTATE OF U.P AND ANOTHER
- Decided
- Bench
- GAUTAM CHOWDHARY
Holding
The petition to quash the criminal proceedings under Section 482 Cr.P.C. is dismissed.
Summary
The applicants filed a petition under Section 482 of the Criminal Procedure Code seeking to quash the criminal proceedings (Complaint Case No. 478 of 2021) filed against them under IPC sections 406, 323 and 506. They alleged that the case was false, motivated by malafides and that proceeding would amount to abuse of the court process. The High Court noted that the FIR disclosed a cognizable offence and that the police had investigated and filed a charge‑sheet, which sufficed to sustain the proceedings. The Court held that under its inherent powers it is not required to examine the correctness of the allegations or the reliability of the material at the stage of a quash petition. Consequently, the application to quash was dismissed and any interim relief previously granted was vacated.
Issues considered
- Whether the High Court can quash the criminal proceedings under Section 482 Cr.P.C. on the ground of alleged false implication and abuse of process.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 323, 406, 506
Subjects
- Section 482
- quash petition
- criminal proceedings
- false implication
- abuse of process
- charge sheet
- mediation non‑compliance
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 1721 of 2022
Akhtar Ali And 4 Others
.....Applicant(s)
Versus
State Of U.P And Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Mishra, Om Prakash
Pathak
Counsel for Opposite Party(s) : G.A., Harikesh
Court No. - 82
HON'BLE DR. GAUTAM CHOWDHARY, J.
Heard Sri Rama Singh, learned counsel holding brief of Sri Anil Kumar
Mishra, learned counsel for the applicant, learned A.G.A. for the State
and perused the record.
This application has been filed for quashing of the proceedings of
Complaint Case No. 478 of 2021 (Mushim Ahmad Vs. Akhtar Ali and
others) under Sections 406, 323, 506 I.P.C., Police Station Soraon,
District Prayagraj pending before learned Additional Chief Judicial
Magistrate, Room No.17, District Allahabad as well as to quash the
summoning order dated 18.10.2021 passed in the aforesaid case.
Another Bench of this Court on the request of learned counsel for the
parties, vide order dated 02.05.2023 had referred the matter before
Mediation and Conciliation Centre of this Court for amicable settlement
between the parties subject to deposit of Rs. 25,000/- before the Centre.
The Incharge Mediation and Conciliation Centre of this Court vide its
report dated 13.10.2023 has reported that the applicants have not
complied the order dated 02.05.2023 i.e. with regard to deposit of amount
of Rs. 25,000/- before the Conciliation Centre of this Court.
The instant case is pending since 2022 in which interim order was granted
on 15.03.2022, which was extended from time to time. On one hand, the
matter was referred to mediation Centre of this Court vide order dated
02.05.2023 subject to deposit of Rs. 25,000/- but till date the amount has
not been deposited by the applicants and that the applicants have enjoyed
the fruits of interim order.
Today when the case was taken, Sri Rama Singh, learned counsel holding
brief of Sri Anil Kumar Mishra, learned counsel for the applicants has
prayed to pass over the matter inspite of the fact that the applicants have
A482 No. 1721 of 2022
2
not complied with the order dated 02.05.2023, however the case is taken
up on merits.
Learned counsel for the applicants submits that the applicants have been
falsely implicated in the present case due to ulterior motive. Submission is
that the malafides which motivated the opposite party have been
emphasized and several submissions in order to expose the falsity of the
allegations have been made. Further submission is that malafides behind
the prosecution are apparent on the face of record and if the proceedings
against the applicants is allowed to go on, it will result in the abuse of
court's process. Learned counsel for the applicants therefore submits, no
prosecution could lie against the applicants, in such circumstances.
On perusal of the record, the Court finds that the allegations made in the
first information report disclose commission of a cognizable offence and
those allegations have found support from the material collected during
the course of investigation on the basis whereof the police has laid a
charge sheet against the applicants.
This Court in exercise of its power under section 482 Cr.P.C., is not
required to assess the correctness of the allegation and the reliability of
the material collected during the course of investigation, the prayer to
quash the charge sheet and the consequential proceeding is rejected.
Interim order, if any, stands vacated.
Accordingly, the instant application lacks merit and is dismissed.
The Registrar (Compliance) of this Court is directed to communicate the
order passed by this Court to the concerned Court below forthwith.
(Dr. Gautam Chowdhary,J.)
May 5, 2026
S.Ali
Digitally signed by :-
SHAUKAT ALI
High Court of Judicature at Allahabad
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