"Kalyugi Bharat": Allahabad HC Quashes Criminal Case Filed By A Man Against Elder Brother To ‘Wreak Vengeance’

The Court was hearing an application seeking to quash a charge- sheet under Section 406 I.P.C, cognizance as well as summoning order passed in a Criminal Case.

The bench of Justice Saurabh Shyam Shamshery observed, “…present criminal proceedings was initiated by the complainant only for purpose of wrecking vengeance.”

Advocate Avanish Kumar Shukla appeared for the Appellant and Government Advocate Dinesh Kumar Singh appeared for the Respondent.

Brief Facts-

The present case involved two brothers who were in conflict following their father's death which led to criminal proceedings. The complainant, a lawyer, accused his elder brother of criminal breach of trust for failing to return Rs. 2.20L. The elder brother was also accused of withdrawing funds from a joint account with their father based on a disputed will. An FIR was filed and a charge sheet for an offence under Section 406 IPC was submitted. They took time for negotiation but after several attempts, no agreement was reached, hence, the Court proceeded with the final hearing.

The Court noted that for Section 406 Cr.P.C., the requirement for the commission of an offence of criminal breach of trust is that there must be entrustment with property, which was dishonestly misappropriated or converted to his use and it must be in violation of any direction of law or any legal contract express or implied.

The Court further noted that the proceedings appeared to be initiated by the complainant only to put pressure on his elder brother to negotiate since there is a Will where the complainant is not a beneficiary.

The Court said that not only the ingredients of Section 406 I.P.C. are not made out but proceedings are also creatures of malafides and were initiated only to harass the applicant by giving the cloak of a criminal case to a dispute which was essentially of a civil nature.

Accordingly, the Court quashed entire proceedings arising out of charge-sheet under Section 406 I.P.C. as well as cognizance and summoning order passed by the Court are hereby quashed.

The Court remarked, “…we always cherish sacrifice of the Bharat, younger brother of the Bhagwan Shri Ram but the complainant for his conduct towards his elder brother could be termed as a ‘Kalyugi Bharat”

Finally, the Court allowed the Application.

Cause Title: Sanjeev Chaddha v. State of UP (Neutral Citation: 2024:AHC:145945)

Appearance:

Appellant: Advocates Avanish Kumar Shukla and Mithilesh Kumar Shukla

Respondent: GA Dinesh Kumar Singh

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