Allahabad High Court
AMARJEET SINGHversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- HARVIR SINGH
Holding
The summoning order dated 28‑06‑2024 is quashed and the application under Section 482 Cr.P.C. is allowed.
Summary
The applicant filed an application under Section 482 of the Criminal Procedure Code seeking to quash a summoning order dated 28‑06‑2024 in a criminal complaint (Case No. 143827 of 2023) alleging offences under Sections 420, 406, 506 and 511 of the IPC. The parties were engaged in a financial dispute, each claiming a monetary amount due from the other. The Court observed that the matter was essentially a civil claim for recovery of dues and that the parties could pursue appropriate civil remedies without limitation bars. Exercising its inherent powers, the Court declined to examine the merits of the criminal allegations and directed that the summoning order be set aside. Consequently, the application under Section 482 was allowed and the criminal proceedings were effectively stayed.
Issues considered
- Whether a summoning order in a criminal complaint alleging fraud, criminal breach of trust, criminal intimidation and attempt to commit extortion can be quashed under Section 482 Cr.P.C. on the ground that the dispute is civil in nature
- Whether limitation bars the parties from pursuing civil remedies for the financial claim
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 406, 420, 506, 511
Subjects
- Section 482
- quash
- inherent jurisdiction
- criminal complaint
- civil dispute
- financial recovery
- limitation
- summoning order
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 25872 of 2024
Amarjeet Singh
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Kamlesh Singh, Manoj Kumar Pandey,
Sarvesh
Counsel for Opposite Party(s) : G.A., Prakhar Srivastava, Prarabadh
Jain
Court No. - 82
HON'BLE HARVIR SINGH, J.
1. Heard learned counsel for the applicant, learned counsel for the
opposite party no.2 and learned A.G.A. for the State.
2. The instant application under Section 482 of Cr.P.C. has been filed by
the applicants praying for quashing of the summoning order dated
28.06.2024 in Complaint Case No. 143827 of 2023 (Smt. Kamini Tiwari
vs. Amarjeet Singh), Under Section 420, 406, 506, 511 I.P.C., Police
Station Swaroop Nagar, District Kanpur Nagar.
3. Learned counsel for the parties submitted that there were some
financial transactions and business operating between them.
4. Learned counsel for the applicant submitted that certain amount is due
upon opposite party no. 2, whereas learned counsel for opposite party no.
2 submitted that some amount approaching Rs. 4,00,000/- is due upon the
applicant. Both sides have made a claim and counter-claim as far as
recovery of dues/money is concerned.
5. Without going into the merits of the case and exercising the power
under Section 482 Cr.P.C., it is directed that either side is left at liberty to
claim their respective dues, if any, due from either side, while taking
recourse to such civil remedy further. The limitation will not come in the
way of both sides.
A482 No. 25872 of 2024
2
6. Under such circumstances, summoning order dated 28.06.2024 passed
in Complaint Case No. 143827 of 2023 (Smt. Kamini Tiwari vs. Amarjeet
Singh), Under Section 420, 406, 506, 511 I.P.C., Police Station Swaroop
Nagar, District Kanpur Nagar, is hereby quashed.
7. The application U/s 482 Cr.P.C. stands allowed. Nothing has been
expressed on the merit of the case.
(Harvir Singh,J.)
September 8, 2026
Mini
Digitally signed by :-
MINI KANAUJIYA
High Court of Judicature at Allahabad
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