Allahabad High Court
M/S STONECHEM INDIA PVT LTD THROUGH ITS DIRECTOR SMT SEEMA SINGHAL AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 528 CrPC to quash the proceedings was dismissed.
Summary
The High Court considered an application under Section 528 of the Criminal Procedure Code filed by Stonechem India Pvt. Ltd. seeking to quash the summoning order dated 13‑06‑2022 and the entire criminal proceedings (Complaint No. 1884 of 2018) instituted under Sections 406 and 504 of the IPC. The applicant contended that the FIR was false, baseless and unsupported by any evidence, and therefore the case should be dismissed. The State opposed, arguing that prima facie a case exists and that the matters raised are factual disputes that cannot be decided at the interlocutory stage. The Court observed that the trial court is currently examining prosecution witnesses under Section 244 CrPC and therefore the proceedings are at the evidence stage. Consequently, the Court refused to quash the proceedings and directed the applicant to move a discharge application before the trial court, which should be decided expeditiously.
Issues considered
- Whether the criminal proceedings under Sections 406 and 504 IPC can be quashed under Section 528 CrPC on the ground of a false and baseless FIR.
- Whether the court can entertain a quash application at the stage where evidence is being recorded, or whether the matter is a factual dispute for the trial court.
- Whether the applicant should seek discharge of the case before the trial court instead of a quash order.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 244, 528
- Indian Penal Code — s. 406, 504
Subjects
- quash of criminal proceedings
- Section 528 CrPC
- false FIR
- IPC Sections 406, 504
- discharge application
- evidence stage
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 39601 of 2026
M/S Stonechem India Pvt Ltd Through Its
Director Smt Seema Singhal And Another .....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anil Kumar Jaiswal
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant and learned A.G.A. for the
State.
2. The present 528 BNSS application has been filed to quash the
impugned summoning order dated 13.06.2022 passed by learned
Court of Second Additional Chief Judicial Magistrate, Gautam Budh
Nagar as well as entire proceeding of in Complaint No. 1884 of 2018,
(Mithilesh Shukla vs. Stonechem India Pvt. Ltd. & Another) under
Sections 406 & 504 IPC, Police Station Sector-49 Noida, District
Gautam Budh Nagar, pending in the court of Additional civil Judge
(Junior Division)-2, Gautam Budh Nagar.
3. The contention of learned counsel for the applicant is that all
allegation in FIR is false and baseless and not supported by any
evidence. No case under the alleged sections is made out.
4. Per contra, learned AGA opposed the submission of applicant's
counsel and submitted that prima facie, offence under the alleged
sections is made out against the applicant. He further submitted that
submission raised by applicant's counsel, are disputed question of
facts, which cannot be entertained at this stage.
5. The prayer for quashing the entire proceedings, charge sheet,
cognizance/summoning order of the aforesaid case against the
applicant is, hereby, refused. Record shows that the proceedings
before the trial court is pending for evidence under Section 244
NA528 No. 39601 of 2026
2
Cr.P.C. Witness of the prosecution are being examined.
6. However, if applicant moves discharge application before the
concerned court below, at appropriate stage, the court below shall
decide his application in accordance with law, expeditiously,
preferably within a period of eight weeks from the date of filing of
discharge application.
7. With the above directions, this 528 BNSS application is disposed
of.
September 18, 2026
Priyanka
(Deepak Verma,J.)
Digitally signed by :-
PRIYANKA KUSHWAHA
High Court of Judicature at Allahabad
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