Mohd. Khalid Khan v. State of U.P. & Anr.

November 26, 2021

Criminal Appeal No. 2452 of 2009

A. Criminal Law — Criminal Procedure Code, 1973 — S. 482 — Quashment application — Mode of disposal — Where civil proceedings are pending on the subject-matter of criminal litigation — Also, issue regarding ownership of the land in question yet to be finalised in the pending suit and in the first appeal — Held, not proper to pass any observation which might adversely affect any of the parties in pending civil litigation

B. Criminal Law — Criminal Procedure Code, 1973 — S. 482 — Quashment of proceedings — When warranted — No case made out — Where, High Court rejected quashment application after observing about oral gift (Hiba) — Held, sale deed executed in favour of appellants does not contain oral gift (Hiba) — Also, no case made out against appellants for initiating any criminal proceedings — Therefore, proceedings against appellants, quashed

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(Anil R. Dave and Amitava Roy, JJ.)

Mohd. Khalid Khan _______ Appellant

State of U.P. & Anr. _______ Respondent(s)

Criminal Appeal No. 2452 of 2009, decided on August 6, 2015

With

Crliminal Appeal No. 2453/2009

The Judgement of the court was delivered by

Judgment

Being aggrieved by the common order dated 25^th July, 2007, passed by the High Court of Judicature at Allahabad, Lucknow Bench at Lucknow, in Criminal Miscellaneous Case Nos. 462/2007 and 390/2007, the appellants have filed these appeals challenging the validity of the said order. By virtue of the impugned order, the applications filed by the appellants under Section 482 of the Criminal Procedure Code had been dismissed by the High Court.

We have heard the learned counsel for the parties at length and upon hearing them, we find that a Suit and a First Appeal are pending on the subject matter of the present litigation and the issue with regard to ownership of the land in question is yet to be finalised in the said Suit and in the First Appeal.

In the circumstances, we would not like to pass any observation which might adversely affect any of the parties in pending civil litigation. Suffice it to say at this stage that while rejecting the applications filed under Section 482 Cr.P.C., the High Court had considered certain facts which prima facie might not be correct. Some observations with regard to the oral gift (Hiba) have been made which, according to us, are not correct, as we do not find the same in the sale deed which had been executed in favour of the present appellants.

Looking at the aforesaid facts, we are of the view that at this stage no case has been made out against the present appellants for initiating any criminal proceedings. Therefore, we set aside the impugned order so far as the present appellants are concerned and quash the process issued against them and also the charge-sheet filed against the present appellants in pursuance of First Information Report No. 332 of 2005 dated 31^st October, 2005 lodged at Police Station, Wazirganj, District Lucknow.

The appeals are allowed.

The original record is to be returned to the trial court forthwith.

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