Dileep Kumar Yadav and Anr. Vs State of U.P. and Anr. — Cheating and Forgery | Allahabad HC (2025)

Dileep Kumar Yadav and Anr. Vs State of U.P. and Anr. — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

No substantive relief; dismissal for want of prosecution, with a conditional liberty to the applicant to seek recall of the order within thirty days if the cause of action survives.

Issue for consideration

Prayer of the application: quash/set aside the proceedings of Case No. 4750 of 2012 (State Vs. Brijesh Kumar Yadav and others), arising out of Case Crime No. 83 of 2012 (Sections 420, 406 and 506 IPC), pending before Additional Chief Judicial Magistrate-I, Lucknow, in view of the compromise dated 13.01.2015 and the charge sheet dated 03.09.2012. +1 more

Ratio / Principle

The application under Section 482 Cr.P.C. was dismissed for want of prosecution, the applicant having lost interest in pursuing the case such that no useful purpose would be served by keeping it pending.

Key takeaways

If the cause of action still survives, the applicant remains at liberty to approach the Court seeking recall of this order within thirty days from the date of the order.ratio¶7
A copy of the order was to be communicated forthwith to the court concerned, to enable it to conclude the proceedings of the above-mentioned case (Case No. 4750 of 2012), if not already concluded, expeditiously and in accordance with law.ratio¶8

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad, Lucknow Bench (Syed Qamar Hasan Rizvi, J.; Court No. 29) - Application U/S 482 No. 6593 of 2017 (neutral citation 2025:AHC-LKO:45901; order dated 6.8.2025): a Section 482 Cr.P.C. application filed in 2017 by Dileep Kumar Yadav and another, praying for quashing of the proceedings of Case No. 4750 of 2012 (State Vs. Brijesh Kumar Yadav and others) arising out of Case Crime No. 83 of 2012, under Sections 420, 406 and 506 IPC, Police Station Hussainganj, Lucknow, pending before Additional Chief Judicial Magistrate-I, Lucknow, in view of a compromise dated 13.01.2015 and charge sheet dated 03.09.2012, was DISMISSED FOR WANT OF PROSECUTION after remaining pending since 2017. Notice to respondent no. 2 stood served (office report of C.J.M., Lucknow dated 5.8.2025) but neither the respondent nor the applicants nor their counsel appeared, including in the revised list; the Court found the applicant had lost interest. The applicant was left at liberty to seek recall of the order within thirty days if the cause of action survived, and the court concerned was directed to conclude the underlying proceedings expeditiously in accordance with law. The compromise-based quashing prayer itself was not adjudicated on merits; no precedent was engaged and no quantum arose.

Neutral Citation No. - 2025:AHC-LKO:45901

Court No. - 29

Case :- APPLICATION U/S 482 No. - 6593 of 2017

Applicant :- Dileep Kumar Yadav And Anr. Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Arvind Kumar Pandey,V.K. Baranwal Counsel for Opposite Party :- Govt. Advocate

Hon'ble Syed Qamar Hasan Rizvi,J.

The present has been taken up in the revised list. No one has appeared on behalf of the applicant to address the Court though Shri Ravi Srivastava, learned A.G.A. for the State is present.

The present application under Section 482 Cr.P.C. has been filed in the year 2017 with the prayer to quash/set aside the entire proceedings of Case No. 4750 of 2012 (State Vs. Brijesh Kumar Yadav and others) arising out of Case Crime No. 83 of 2012, under Sections 420, 406 and 506 IPC, Police Station Hussainganj, District Lucknow pending in the court of learned Additional Chief Judicial Magistrate-I, Lucknow in view of compromise dated 13.01.2015 as well as charge sheet dated 03.09.2012.

The present application is pending since 2017. This Court vide order dated 12.10.2017 passed the following orders:-

"Heard learned counsel for the applicants and the learned AGA for the State and also perused the record.

Issue notice to the respondent No.2 returnable within two weeks.

List immediately after service of notice. In the meantime, it will be open for the applicants to appear before the court below and seek bail in accordance with law. "

As per office report dated 5.8.2025 of C.J.M., Lucknow notice has been served upon respondent no. 2 but no one has appeared on his behalf.

Even in the revised list none has appeared on behalf of the contesting parties. It appears that the applicant has lost interest to pursue the case, hence no useful purpose would be served to keep it pending.

In view of above, application under Section 482 Cr.P.C. is dismissed for want of prosecution.

In case, if cause of action still survives, the applicant is at liberty to approach this Court seeking recall of this order within a period of thirty days from today.

A copy of this order be communicated to the court concerned forthwith to enable it to conclude the proceedings of the above-mentioned case, if not already concluded, expeditiously, in accordance with law.

Order Date :- 6.8.2025/Virendra

Digitally signed by :- VIRENDRA KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench