# University and others v. Brij Nath

- **Citation:** (2009) 1 ILRA 194
- **Court:** High Court of Judicature at Allahabad
- **Decided:** 2009-01-15
- **Case number:** Criminal Misc. Application No. 19905 of 2008
- **Bench:** Vinod Prasad
- **Source:** https://unisonlegal.in/judgment/allahabad-high-court/university-and-others-v-brij-nath-41342
- **Pages:** 3

## Headnote

Code of Criminal Procedure Section 482Quashing of Criminal proceeding Trail for
offence under Section 467, 468, 474 IPCparties entered into compromise do not
want
to
litigate
the
case-heldtechnicality will not come in their wayNo useful purpose served-in continuing
and passing the futile order.

Held: Para 7

After hearing both the sides, I am of the
view that since the matter has been
compromised and both the litigating
sides do not want to litigate any further
therefore technicality of law should not
come in their way to compromise the
matter and therefore, while exercising
my power under Section 482 Cr.P.C. I
quash the proceedings of the aforesaid
Complaint
Case
No.2257
of
2004,
Krishna Lal Vs. Kalim Ahmad @ Anwar
Miyan and others, under Sections 467,
468, 471 IPC, P.S. Kotwali, District
Bareilly, pending in the court of Ld. JM
Ist Bareilly.
Case law discussed:
(2008) 2 SCC (Crl) 464

## Text

194 INDIAN LAW REPORTS ALLAHABAD SERIES [2009

Case No. 31 of 1995 Banaras Hindu
University and others vs. Brij Nath
Bhattacharya published on 15.3.1999 is
set aside. There shall be no order as to
costs.
---------
APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 15.01.2009

BEFORE
THE HON'BLE VINOD PRASAD, J.

Criminal Misc. Application No. 19905 of
2008

Kalim Ahmad @ Anwar Miyan and others

...Applicants
Versus
State of U.P. & another ...Opposite Parties

Counsel for the Applicants:
Sri Sushil Shukla

Counsel for the Opposite Parties:
Sri Azhar Hussain
A.G.A.

Code of Criminal Procedure Section 482Quashing of Criminal proceeding Trail for
offence under Section 467, 468, 474 IPCparties entered into compromise do not
want
to
litigate
the
case-heldtechnicality will not come in their wayNo useful purpose served-in continuing
and passing the futile order.

Held: Para 7

After hearing both the sides, I am of the
view that since the matter has been
compromised and both the litigating
sides do not want to litigate any further
therefore technicality of law should not
come in their way to compromise the
matter and therefore, while exercising
my power under Section 482 Cr.P.C. I
quash the proceedings of the aforesaid
Complaint
Case
No.2257
of
2004,
Krishna Lal Vs. Kalim Ahmad @ Anwar
Miyan and others, under Sections 467,
468, 471 IPC, P.S. Kotwali, District
Bareilly, pending in the court of Ld. JM
Ist Bareilly.
Case law discussed:
(2008) 2 SCC (Crl) 464

(Delivered by Hon'ble Vinod Prasad, J.)

1. Kalim Ahmad @ Anwar Miyan,
Shahid Ahmad @ Shahid Miyan, Jaheer
Ahmad @ Jaheer Miyan and Sajid Ahmad
@ Guddu, four sibling brothers all sons of
Late Nawab Ali, resident of 153,
Shahbad, P.S. Prem Nagar, District
Bareilly have invoked the inherent
jurisdiction of this Court by filling of the
instant
Criminal
Miscellaneous
Application with the prayer to quash the
proceeding of Complaint Case No. 2257
of 2004 for offences under Sections 467,
468, 471 IPC, P.S. Kotwali, District
Bareilly, pending in the court of Ld. JM
Ist Bareilly.

2. I have heard Sri Sushil Shukla,
learned counsel for the applicants in
support of this application as well as Sri
Azhar Hussain, learned counsel for the
respondent
and
learned
AGA
in
opposition and perused the record of this
application.

3. In a bird eye view, the allegations
against the applicants, as is contained in
Annexure No.1 are that Sri Kishan Lal
Suri son of Sri Bhagwan Das Suri,
resident of 23-A Model Town, P.S.
Baradari, district Bareilly had purchased a
house from Smt. Shanti Devi wife of Kunj
Lal, who was holding power of attorney
of his wife namely Smt. Shanti Devi,
which
house
was
allotted
a
new
Municipal
Number
being
House
No.218/154. The said house was given
under the tenancy of Nawab Ali, father of
1 All] Kalim Ahmad @ Anwar Miyan & others V. State of U.P. and another

195
the applicants. After the demise of Nawab
Ali, the four applicants, as heirs of the
deceased came in possession over the said
house, as tenants. Further allegations are
that
the
aforesaid
applicants
by
impersonating Smt. Shanti Devi through
an imposter lady got executed a fictitious
sale deed through a sham transaction in
their favour and got it registered in the
office of Deputy Registrar Registration
and started claiming the ownership of the
aforesaid house. Since the property was
purchased through a sham transaction,
FIR Annexure No. 1 was got lodged by
Kishan Lal Suri on 29.5.1999 at 5.00 p.m.
at P.S. Kotwali, district Bareilly showing
the date of the incident as 29.5.1992,
which FIR was registered as Crime No.
2350 of 1999 for offences under Sections
420,467,468,471 IPC.

4. The police of police station
Kotwali, district Bareilly engineered the
investigation and after concluding the
same submitted a final report on 9.2.2000
(Annexure
No.2).
Thereafter
what
transpires is that a protest petition was
filed by the informant, which was treated
to be a complaint by the concerned
Magistrate who recorded the statement of
the informant under Section 200 Cr.P.C.
and that of his witnesses P.W. 1 Manohar
Lal and P.W. 2 Om Prakash Goyel under
Section 202 Cr.P.C. Basing his opinion on
the aforesaid recorded statements vide
order dated 22.4.2004 Ld J.M. Ist,
Bareilly in the aforesaid case summoned
the applicants to stand the trial for
offences under Sections 467, 468, 471 and
420 IPC fixing 21.5.2004 for their
appearance
before
him.
It
is
this
proceeding, which is sought to be quashed
by
filing
of
the
present
Criminal
Miscellaneous Application.

5. Learned counsel for the applicants
contended that the matter has been
compromised and the informant now does
not want to prosecute the applicants. He
further contended that the ordeal of the
trial procedure will be a futile effort and
wastage of time of the Court. Learned
counsel for the applicants relied upon a
judgment of apex court rendered in (2008)
2 SCC (Crl) 464 Madan Mohan Abbot
Vs. State of Punjab. He contended that
since the parties do not want to litigate,
the case should be closed. Learned
counsel
for
the
applicants
further
submitted that the dispute was primarily
civil in nature and therefore, no useful
purpose will be served to go on with the
trial procedure.

6.

Learned
counsel
for
the
respondent also agreed to the fact that the
dispute has been compromised and the
parties do not want to litigate any further.

7. After hearing both the sides, I am
of the view that since the matter has been
compromised and both the litigating sides
do not want to litigate any further
therefore technicality of law should not
come in their way to compromise the
matter and therefore, while exercising my
power under Section 482 Cr.P.C. I quash
the
proceedings
of
the
aforesaid
Complaint
Case
No.2257
of
2004,
Krishna Lal Vs. Kalim Ahmad @ Anwar
Miyan and others, under Sections 467,
468, 471 IPC, P.S. Kotwali, District
Bareilly, pending in the court of Ld. JM
Ist Bareilly.

8. This application is allowed.
Copy of this order is directed to be
sent to the trial Magistrate for his
intimation.
---------
196 INDIAN LAW REPORTS ALLAHABAD SERIES [2009

APPELLATE JURISDICTION
CRIMINAL SIDE
DATED: ALLAHABAD 06.01.2009

BEFORE
THE HON'BLE RAVINDRA SINGH, J.

Criminal Misc. Application No. 24729 of
2008

Rajendra Prasad Misra
...Applicant
Versus.
State of U.P.

...Opposite Party

Counsel for the Applicant:
Sri Rahul Mishra

Counsel for the Opposite Party:
A.G.A.

Code of Criminal Procedure-Chargesheet
quashing-offence under Section 466,
477, 468, 471, 409 , 120 read with
Prevention
of
Corruption
Act,
1988
Section 13(1) and Section 13(2) -no
irregularities in investigation disclosednor
the
Magistrate
committed
any
illegality in taking cognizance-cannot be
interfered
under
inherent
powerconsidering
old
age-Magistrate
to
consider the bail application on same day
the discharge application in accordance
with law.

Held: Para 6

On the ground of delay of submission of
charge sheet after the retirement of the
applicant is not a proper ground for
quashing the charge sheet. There is no
illegality in submission of the charge
sheet, therefore, the prayer for quashing
the same is refused.

(Delivered by Hon'ble Ravindra Singh, J.)

1. Heard Sri Rahul Mishra, learned
counsel for the applicant and learned
AG.A for the State of U.P. and perused
the record.

2. This application has been filed
with a prayer to quash the charge sheet
dated 31.05.2007 under Sections 466,
467, 468, 471, 409, 120B I.P.C. and
Section 13(2) read with Section 13 (1)
C.D. of Prevention of Corruption Act,
1988 in Case Crime No. 115 of 1998, P.S.
Kotwali Nagar, District Gonda pending in
the court of learned Special Judge,
Corruption Act, Gorakhpur vide S.T. No.
04 of 2008.

3. The facts in brief of this case are
that the F.I.R. of this case has been lodged
by Sri Rama Shanker Singh Yadav,
Inspector U.P. Vigilance Establishment,
Faizabad Sector, Faizabad against the
applicant and other co-accused persons on
06.02.1998 alleging there in that one
Awadhesh Singh son of Jagpal Singh
moved an application in respect of the
corruption of different. departments of
District Gonda, the same was forwarded
by Kunwar Ajay Pratap Singh @ Lalla
Bhaiya, M.L.A, on that application, the
Government has initiated an enquiry, in
enquiry report dated 30.9.1996 it was
found that in the construction of the
building of Vikas Bhawan, Gonda certain
irregularities were found, the work of the
construction
was
done
by
Gramin
Adhiniyantran Sewa Vibhag, Gonda. It
was found that the use of cement and saria
was shown in excessive whereas such
material was not used, for the same
purpose the forged documents were
prepared in connivance of the applicant
and other co-accused persons and some of
the records was missing at the instance of
the applicant and another co-accused
persons so that the criminal liability may
not be fixed against the applicant and
other co-accused persons. It was found
that the building of the Vikas Bhawan
was not constructed up to the mark. After