Disposed¶9

Hemant Yadav and 2 Others v. State of U.P. and Another

Allahabad HC22 Apr 2025A482/1519/2025

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application; summoning order dated 30.05.2023; Complaint No.18378 of 2022; Section 420 IPC cheating; compromise deed dated 26.11.2024; verification of compromise by trial court; stay of further proceedings; Additional Chief Judicial Magistrate Court No.1 Etawah; Police Station Bharthana; Hemant Yadav; Mukesh Kumar; Allahabad High Court; Dinesh Pathak, J.; Application U/S 482 No. 1519 of 2025; order dated 20.01.2025.

What did the court decide?

Interim relief only: further proceedings against the applicants stayed till the next date of listing (17.03.2025); parties directed to appear before the court below on 06.02.2025/07.02.2025 for verification of the compromise, with the verification report to be submitted before the next date. The quashing prayer was not finally decided. ¶9

Hemant Yadav and 2 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the criminal proceedings in Complaint No.18378 of 2022 under Section 420 IPC (including the summoning order dated 30.05.2023) should be quashed on the basis of the compromise and amicable settlement arrived at between the parties.

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Court's answer

Both parties were directed to appear before the court below on 06.02.2025/07.02.2025 to get their compromise verified; the court concerned shall verify the compromise in the presence of both parties after recording their statements and submit its verification report on or before the next date fixed.

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Ratio / Principle

Further proceedings against the applicants in the aforesaid case shall remain stayed till the next date of listing (17.03.2025).

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Detailed headnote1 paragraphs

Allahabad High Court (Dinesh Pathak, J.), order dated 20.01.2025 in Application U/S 482 No. 1519 of 2025 — Hemant Yadav and 2 others invoked the inherent jurisdiction under Section 482 Cr.P.C. for quashing the summoning order dated 30.05.2023 passed by the Additional Chief Judicial Magistrate, Court No.1, Etawah in Complaint No.18378 of 2022 (Mukesh Kumar Vs. Hemant Yadav and others) under Section 420 IPC, Police Station Bharthana, District Etawah, on the basis of a compromise deed dated 26.11.2024; counsel for opposite party no.2 admitted the amicable settlement. The Court directed both parties to appear before the court below on 06.02.2025/07.02.2025 for verification of the compromise, with statements to be recorded and a verification report to be submitted on or before the next date; the matter was listed for 17.03.2025 and further proceedings against the applicants were stayed till then. Interim order only; the quashing prayer was left open.

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Court No. - 74

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Case :- APPLICATION U/S 482 No. - 1519 of 2025

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Applicant :- Hemant Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A.

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Hon'ble Dinesh Pathak,J.

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Memo of appearance filed by Sri Deepak Upadhyay, learned counsel on behalf of opposite party no.2 is taken on record.

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Office is directed to print the name of Shri Deepak Upadhyay as counsel for the opposite party no.2.

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Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned A.G.A. for the State.

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The applicant has invoked the inherent jurisdiction of this Court under Section 482 Cr.P.C. for quashing the summoning order dated 30.05.2023 passed by the court of learned Additional Chief Judicial Magistrate, Court No.1, Etawah in Complaint No.18378 of 2022 (Mukesh Kumar Vs. Hemant Yadav and others), under Section 420 IPC, Police Station Bharthana, District Etawah, pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Etawah on the basis of compromise deed dated 26.11.2024.

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It is submitted that during pendency of the criminal proceeding, both the parties have arrived at compromise and settled their dispute amicably out of the Court. Therefore, instant application may be allowed and criminal proceedings may be quashed.

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Learned counsel for the opposite party No.2 has nodded the submissions as raised by learned counsel for the applicants and admitted the factum of amicable settlement between the parties.

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In this conspectus, as above, both the parties are hereby directed to appear before the court below on 06.02.2025/07.02.2025 to get their compromise verified. The learned court concerned, in turn, shall verify the same in presence of both the parties after recording their statements and submit its verification report on or before the next date fixed.

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List this matter on 17.03.2025, along with compromise verification report submitted by the court concerned, if any.

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Till the next date of listing, further proceedings against the applicants in aforesaid case shall remain stayed.

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Order Date :- 20.1.2025 Mini

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Digitally signed by :- MINI KANAUJIYA High Court of Judicature at Allahabad

Hemant Yadav and 2 Others v. State of U.P. and Another

Case brief

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Hemant Yadav and 2 Others v. State of U.P. and Another

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