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2020 Supreme(SC) 90

ASHOK BHUSHAN, M.R.SHAH
AHMAD ALI QURAISHI – Appellant
Versus
STATE OF UTTAR PRADESH – Respondent


Advocates Appeared:
For the Appellant(s) :Rajan Kumar Chourasia, S.K. Verma, Advocates
For the Respondent(s):Garvesh Kabra, V. N. Raghupathy, Advocates

JUDGMENT

ASHOK BHUSHAN, J.

1. This appeal has been filed challenging the order of the High Court dated 21.02.2018 by which the application under Section 482 CrPC filed by the appellants accused to quash the proceedings of Complaint Case No.1 of 2017 has been rejected. Aggrieved by the order of the High Court, this appeal has been filed.

2. Brief facts of the case necessary to be noted to decide this appeal are: ­

    (i) The appellants accused and the respondent No.2 complainant belongs to same family and are neighbours. The father of the accused Anwarul Haq has filed O.S.No.744/2015 against the complainant in the court of Civil judge (Junior Division) with regard to partition of properties which suit is still pending. Suit between the parties led to several altercations among the parties.

    (ii) On 19.07.2016, a quarrel took between the parties. The police went on the spot of incident on 19.07.2016 itself and initiated proceedings under Section 151,107 and 116 Cr.P.C. Proceedings were drawn under Cr.P.C. against both the parties to maintain peace at the spot.

    (iii) On 29.08.2016, an application under Section 156(3) Cr.P.C. was filed by the complainant Sajjad Quraishi against the accused Ahm


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