“Dispute Between Parties Was Of Civil Nature”: Allahabad HC Quashes FIR Against Office Bearers Of Radhasoami Satsang Sabha
|The Allahabad High Court, relying on its previous order, quashed the First Information Report (‘FIR’) registered against the office bearers of the Radhasoami Satsang Sabha at Dayal Bagh, Agra as the FIR was filed when the dispute between the parties was of civil nature and without determination of the right, title and interest of the parties in the land in dispute.
The Division Bench of Justice Siddharth and Justice Syed Qamar Hasan Rizvi observed, “A perusal of the aforesaid order shows that respondents have lodged the first information report when the dispute between the parties was of civil nature and without determination of the right, title and interest of the parties in the land in dispute…In view of the above consideration of the totality of facts and circumstances of the case by this Court in Writ C No.33655 of 2023, the impugned first information report cannot be sustained and is hereby quashed…Writ petition is allowed…It shall be open for respondents to initiate criminal proceedings against petitioners, if required, only if the proceedings under Section 26 of U.P. Revenue Code, 2006 are decided in favour of respondents.”
Advocate Manish Tiwary appeared for the Petitioners whereas Additional Advocate General appeared for the Respondents.
A writ petition was filed seeking quashing of the FIR filed against the members/office bearers of the Radhasoami Satsang Sabha at Dayal Bagh, Agra under Sections 147, 332, 353, 447 of the Indian Penal Code, 1860 read with Section 7 Criminal Law (Amendment) Law 1932 and 11 Prevention of Animal Cruelty Act, 1960. The Petitioners also sought directions to the Respondents not to take coercive action or arrest against the Petitioners.
It was the case of the Petitioners that the Sabha is a religious and charitable society registered and the Petitioners claimed to be the owner in possession of the land in which 1200 acres of land is agricultural land. An agreement was entered between the Petitioners and the Government of the United Provinces to provide water to the land in 1935. For the construction of a road and the dispute between parties after that, the Respondents, allegedly, forcibly entered the land and demolished the gate of the Sabha
In the year 2010, the District Administration wanted to construct a road by occupying the maintenance track for which the Petitioner got the relief of permanent injunction from the civil court. Respondents had challenged the said order, which is still pending. Further in November 2020, the Respondent-Sub Divisional Magistrate using police force entered the premises of the petitioner and demolished the gate of the petitioner. The petitioner, thereafter, filed an execution application which is still pending.
The Respondents, in September 2023, early morning came along with police personnel and started demolishing the wall and gate of the property of the petitioner. The carsewaks of the petitioner gathered in their field and the police force lathi charged the carsewaks of the petitioner in which several carsewaks were injured including several women and children.
The Court, relying on an earlier order passed by it, quashed the FIR against the Petitioners.
Cause Title: Anoop Srivastava and Ors. v. State of U.P. and Ors. (Neutral Citation: 2024:AHC:94130-DB)
Appearances:
Petitioners: Advocates Manish Tiwary and Ujjawal Satsangi
Respondents: AGA