Criminal proceedings cannot arise from civil disputes without substantial evidence, emphasizing the necessity to separate civil matters from criminal allegations.

JUDGMENT :

1. Short counter affidavit and supplementary affidavit filed on behalf of opposite party No. 2 in the Court today are taken on record.

2. Better affidavit and the application supported with an affidavit seeking amendment in the prayer clause of the instant application filed on behalf of the applicants in the Court today are also taken on record.

3. Taking note of the prayer sought in the amendment application, which is innocuous in nature and would not change the nature of the proceedings in issue, the application seeking amendment in the prayer of the instant application is hereby allowed.

4. Learned counsel for the applicants is permitted to carry out necessary amendment in the prayer clause of this application during the course of the day.

5. Heard Sri Sudeep Seth, learned Senior Advocate assisted by Sri Avinash Singh Vishen, Advocate, Sri Shishir Raj, Advocate, Sri Nishant Pandey, Advocate, Sri Vedant Srivastava, Advocate, Sri Nikhil Mishra, Advocate & Sri Ravindra Yadav, Advocate, learned counsel for the applicants; Sri Badrul Hasan, learned AGA-I for the State of U.P.; Sri Vivek Raj Singh, learned Senior Advocate assisted by Sri Sudhanshu Shekhar Tripathi, Advocate, who has filed Vakalatnama alongwith Ms. Ritwika Tripathi, Advocate, Sri Raghav Bansal, Advocate & Sri Utkarsh Singh, Advocate, on behalf of the opposite party No. 2/Kunwar Raj Singh in the Court today, which is taken on record, as well as perused the record.

6. By means of the instant application, the applicants have sought the following main reliefs:-

"(i) QUASH the impugned order dated 23.12.2024 by means of which the Ld. Trial Court has issued Bailable Warrants to the Applicants without recording the satisfaction of the effective service of summons and that the applicants have willfully escaped the summons.

(ii) QUASH the impugned cognizance and summoning order issued by the Ld. Trial Court dated 04.01.2024. The impugned cognizance and summoning order dated 04.01.2024 is highly mechanical and has been passed by the Ld. Magistrate without considering the order passed by this Hon'ble Court in FAFO No. 105 of 2006 dated 31.01.2007. The aforesaid order has been passed without application of mind and has been passed in a set proforma without any appreciation of the merits of the matter.

(iii) QUASH the impugned Chargesheet dated 07.12.2023 prepared by the Police in Case Crime No. 488 of 2023 u/s 419, 420, 467, 468, 471 of IPC at PS Bhadokhar, District- Raebareli. The aforesaid Chargesheet has been filed in an utmost mechanical and casual manner without ascertaining the true facts and circumstances of the case. Furthermore, the Investigating Officer has filed the chargesheet in an utmost arbitrary manner as the applicants have been chargesheeted even after there is a specific finding as to the invalidity of the will dated 25.11.1994 by this Hon'ble Court in FAFO No. 105 of 2006 dated 31.01.2007. It is also trite to mention here that the aforesaid order was in specific knowledge of the Investigating Officer and he has made it a part of the Chargesheet.

(iv) QUASH the entire criminal proceedings arising out of Case Crime No. 488 of 2023 u/s 419, 420, 467, 468, 471 of IPC at PS Bhadokhar, District- Raebareli."

7. Facts, in brief, which are relevant for proper adjudication of the instant case, are as under:-

(i) Applicant No. 1/Kunwar Mohit Singh was born on 13.05.1981, as per birth certificate.

(ii) Applicant No. 2/Kunwar Shobhit Singh was born on 22.04.1983, as per birth certificate.

(iii) The birth certificate of applicant No. 1/ Kunwar Mohit Singh annexed at page No. 282 of the paper book indicates that it was issued o