Smt Reena Jain and 2 Others Vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

Smt Reena Jain and 2 Others Vs State of Up and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of; parties directed to appear before the trial court for verification of the compromise (appropriate order expected within four weeks); liberty reserved to the applicants to file a fresh s.482 application after verification; no coercive measures against the applicants for six weeks.

Issue for consideration

Whether the entire proceedings of Case no. 12772 of 2011 (State Vs. Anil Jain & Others), pending before the Chief Judicial Magistrate, Gautam Budh Nagar, arising out of Case Crime no. 298 of 2011 under Sections 420, 406, 504, 506, 147 I.P.C., should be quashed under Section 482 Cr.P.C. in view of the reconciliation and written compromise between the parties.

Court's answer

The parties shall appear before the trial court along with a certified copy of this order on the next date fixed, and the trial court is expected to fix a date for verification of the parties and the compromise and pass an appropriate order to that effect within the next four weeks.

Ratio / Principle

After such verification, it shall be open to the applicants to file a fresh application under Section 482 Cr.P.C. at that stage for the relief sought herein.

Key takeaways

The present application is disposed of; quashing was not granted at this stage, pending verification of the compromise by the trial court.ratio¶12
Interim protection: for a period of six weeks, no coercive measure shall be taken against the applicant.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Deepak Verma, J.), Application U/S 482 No. 21386 of 2024, decided 17.4.2025 — Smt Reena Jain and 2 others sought quashing of the entire proceedings of Case no. 12772 of 2011 (State Vs. Anil Jain & Others), pending before the Chief Judicial Magistrate, Gautam Budh Nagar, initiated on charge-sheet no. 276 of 2011 (dated 20/6/2011) and charge-sheet no. 276A of 2012 (dated 20/6/2012) filed in pursuance of Case Crime no. 298 of 2011 under Sections 420, 406, 504, 506, 147 I.P.C., Police Station Sector 20 NOIDA. Counsel submitted that the parties had reconciled their differences and executed a written compromise deed filed before the trial court (annexure 4 to the affidavit); counsel for opposite party no. 2 did not dispute the correctness of the facts. The Court did not quash the proceedings straightaway: it disposed of the application, directing the parties to appear before the trial court with a certified copy of the order so that the trial court may verify the parties and the compromise and pass an appropriate order within the next four weeks; the applicants were left free to file a fresh s.482 application at that stage; and no coercive measures were to be taken against the applicants for six weeks.

Neutral Citation No. - 2025:AHC:56282

Court No. - 84

Case :- APPLICATION U/S 482 No. - 21386 of 2024

Applicant :- Smt Reena Jain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prajjwal Tyagi,Sanjeev Kumar Tyagi Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

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

The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Case no. 12772 of 2011 (State Vs. Anil Jain & Others) initiated in pursuance of charge-sheet no. 276 of 2011 dated 20/6/2011 and charge-sheet no. 276A of 2012 dated 20/6/2012 filed in pursuance of Case Crime no. 298 of 2011 under Sections 420, 406, 504, 506, 147 I.P.C., Police Station Sector 20 NOIDA, District Gautam Budh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.

Learned counsel for the applicants submits that the parties have reconciled their differences and compromise have entered between them which has been reduced in writing. Compromise deed has been filed before the trial court and the same has been filed as annexure 4 to the affidavit.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties and compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

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

For a period of six weeks, no coercive measure shall be taken against the applicant.

Order Date :- 17.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad