Prateek Singh and Others Vs State of U.P. Thru. Addl… — Cheating and Forgery | Allahabad HC (2023)

Prateek Singh and Others Vs State of U.P. Thru. Addl… — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Quashing of the impugned proceeding of Sessions Trial No.1688 of 2023, arising out of Case Crime No.0021/2023 under Sections 406, 420, 504, 506 I.P.C. and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act, Police Station Wazirganj, District Lucknow; Office directed to communicate the order to the court below.

Issue for consideration

Whether the proceeding of Sessions Trial No.1688 of 2023, arising out of Case Crime No.0021/2023 under Sections 406, 420, 504, 506 I.P.C. and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act (P.S. Wazirganj, District Lucknow), should be quashed in view of the resolution of the dispute between the parties.

Court's answer

The impugned proceeding of Sessions Trial No.1688 of 2023, arising out of Case Crime No.0021/2023 under Sections 406, 420, 504, 506 I.P.C. and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act, Police Station Wazirganj, District Lucknow, is quashed.

Ratio / Principle

The quashing rests on the settlement between the parties: Rs.13,00,000/- was deposited by the private respondent through R.T.G.S. in the account of applicant no.3, in lieu of the Rs.15,00,000/- already paid to opposite party no.2, the Court considering the application, the supplementary affidavit of applicant no.3 and the affidavit of the private respondent.

Key takeaways

The present application is allowed.ratio¶¶14

Detailed headnote1 paragraphs

Quashing — settlement between parties — Application U/S 482 allowed. The proceeding of Sessions Trial No.1688 of 2023, arising out of Case Crime No.0021/2023 under Sections 406, 420, 504, 506 I.P.C. and Sections 3(1)(da), 3(1)(dha) of the SC/ST Act (P.S. Wazirganj, District Lucknow), was quashed. Basis: the original bank draft no.188448 dated 17.7.2023 for Rs.15,00,000/- (State Bank of India, Arjunganj, Lucknow) was handed over to opposite party no.2 (Ram Samujh Rawat), who stated he had no objection to quashing and would withdraw Regular Suit No.103/2023, pending before the court below, within ten days; Rs.13,00,000/- was deposited by the private respondent through R.T.G.S. in the account of applicant no.3 in lieu of the Rs.15,00,000/- paid. The learned A.G.A., while noting that a charge sheet was filed after detailed investigation, stated he had no objection to quashing. Office directed to communicate the order to the court below. (Rajeev Singh, J.; order dated 25.7.2023)

Court No. - 12

Case :- APPLICATION U/S 482 No. - 6359 of 2023

Applicant :- Prateek Singh And Others Opposite Party :- State Of U.P. Thru. Addl. Chief Secy. Home Civil Secrett. Lko. And Another Counsel for Applicant :- Amitabh Pratap Singh Counsel for Opposite Party :- G.A.,Archana Rawat

Hon'ble Rajeev Singh,J.

Supplementary afÏdavit filed by learned counsel for the private respondent is taken on record.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present application is filed with the prayer to quash the proceeding of Sessions Trial No.1688 of 2023, arising out from Case Crime No.0021/2023 under Sections 406, 420, 504, 506 I.P.C. & Section 3(1)(da), 3(1)(dha) of SC/ST Act, Police Station Wazirganj, District Lucknow.

In pursuance of earlier order, applicant No.3, Mahesh Gautam @ Mahesh Kumar S/o Late Shiv Ram R/o Village Viruha, Kasimpur Viruha, Police Station Gosainganj, Lucknow and Ram Samujh Rawat, opposite party no.2 are present before this Court and they are duly identified by their counsels.

Learned counsel for the applicant submits that as the issue has already been resolved in between the parties and the original bank draft bearing no.188448, dated 17.7.2023, amounting Rs.15,00,000/- issued from State Bank of India, Arjunganj, Lucknow is handed over to Ram Samujh Rawat (opposite party no.2), therefore, proceeding of the case in question may be quashed.

Opposite party no.2, Ram Samujh Rawat stated that he has no objection, in case, impugned proceeding is quashed and he also stated that he will withdraw the Regular Suit No.103/2023, which is pending before the court below within ten days

from today and he also stated that no dispute is pending in between applicants and him.

Learned A.G.A. opposed the prayer of the applicant and submits that after detail investigation, charge sheet was filed but he has no objection, in case, proceeding is quashed, as the issue has already been resolved in between the parties.

Considering the submissions of learned counsel for the parties, going through the contents of the application, supplementary afÏdavit filed by applicant no.3 and afÏdavit filed by private respondent, as Rs.13,00,000/- was deposited by the private respondent through R.T.G.S. in the account of applicant no.3, as in lieu of Rs.15,00,000/- has already been paid to opposite party no.2. In such circumstances, impugned proceeding of Sessions Trial No.1688 of 2023, arising out from Case Crime No.0021/2023 under Sections 406, 420, 504, 506 I.P.C. & Section 3(1) (da), 3(1)(dha) of SC/ST Act, Police Station Wazirganj, District Lucknow, is hereby quashed.

In view of the above, the present application, is allowed .

OfÏce is directed to communicate this order to the court below.

Order Date :- 25.7.2023 Gaurav/-

Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench