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ARUN KUMAR SINGH DESHWAL
Pradeep Kumar – Appellant
Versus
State of U. P. – Respondent
JUDGMENT :
(Arun Kumar Singh Deshwal, J.) :
1. Heard learned counsel for the applicant, Sri Asim Kumar Singh, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State.
2. Present application u/s 482 Cr.P.C. has been filed for quashing the entire criminal proceeding as well as the charge sheet dated 05.09.2017, including the cognizance order dated 30.05.2019 in Case No. 30028 of 2019 arising out of Case Crime No.582 of 2010, under Sections 448, 504, 506 IPC, Police Station- New Agra, District Agra pending in the Court of Chief Judicial Magistrate, Agra.
3. Contention of learned counsel for the applicant is that it is undisputed that the adjoining plot, i.e. 200 sq mtr, belongs to the applicant's father, and the first informant is the applicant's maternal uncle. The present proceeding is malicious, as several disputes have been pending between the parties. It is further submitted that as per Section 441 of IPC (U.P. Amendment), there is a requirement for sending a notice to call upon the encroacher to withdraw himself from the property. It is further submitted that no offence under Section 448 IPC is made out because it is the admitted case of th
The main legal point established is that the specific elements and requirements of each offence under Sections 441, 448, 504, and 506 IPC must be met for the charges to be sustained.
The court quashed criminal proceedings for trespass and intimidation, highlighting that allegations lacked required intent and could be deemed malicious, thereby abusing the legal process.
The essential elements of criminal trespass and intimidation must be clearly established, including intent, and vague allegations driven by personal grievances do not suffice to sustain criminal char....
The allegations under Sections 504 and 506 IPC require specific evidentiary elements; prosecution should not misuse criminal law for personal vendettas.
Allegations must meet specific legal criteria to support criminal charges; vague claims under Sections 294 and 506 of IPC should lead to quashing of FIR and proceedings.
The judgment establishes that mere abusive language does not suffice to constitute an intentional insult under Section 504 IPC, and that the essential elements of criminal intimidation must be clearl....
The court established that allegations in the FIR did not constitute extortion or criminal intimidation, emphasizing the distinction between civil disputes and criminal offences.
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