Rehan Khan vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Rehan Khan vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing not granted at this stage; application disposed of with directions to the parties to appear before the trial court, expectation that the trial court verifies the parties and the compromise within four weeks, liberty to file a fresh Section 482 application at that stage, and interim protection that no coercive measure be taken against the applicant for six weeks.

Issue for consideration

Whether the summoning order dated 01.06.2024 passed by the Chief Judicial Magistrate, Kaushambi and the entire proceedings of Case No. 1980 of 2024 (State Vs. Rehan Khan), arising out of Case Crime No. 514 of 2022 under Sections 420, 406, 506 IPC, should be quashed on account of the compromise dated 26.07.2024 between the applicant and opposite party no. 2.

Court's answer

The parties were directed to appear before the court below with a certified copy of the order, and the trial court was expected to fix a date for verification of the parties and the compromise and pass an appropriate order to that effect within four weeks.

Ratio / Principle

It was left open to the applicants to file a fresh application under Section 482 at the stage after verification of the compromise, for the relief sought in the present application.

Key takeaways

As interim protection, no coercive measure was to be taken against the applicant for a period of six weeks.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Hon'ble Deepak Verma, J.) — Application U/S 482 No. 25850 of 2024, Rehan Khan v. State of U.P. and Another (Neutral Citation: 2025:AHC:72186; Order dated 06.05.2025). The applicant sought quashing of the summoning order dated 01.06.2024 passed by the Chief Judicial Magistrate, Kaushambi and the entire proceedings of Case No. 1980 of 2024 (State Vs. Rehan Khan), arising out of Case Crime No. 514 of 2022 under Sections 420, 406, 506 IPC, Police Station Manjhanpur, District Kaushambi, on account of a compromise dated 26.07.2024 between the applicant and opposite party no. 2, a copy whereof was annexed as Annexure-6. Counsel for opposite party no. 2 did not dispute the correctness of the facts. The Court disposed of the application, providing that the parties shall appear before the court below with a certified copy of the order; the trial court was expected to fix a date for verification of the parties and the compromise and pass an appropriate order within four weeks, and it was left open to the applicants to file a fresh Section 482 application at that stage for the relief sought. For a period of six weeks, no coercive measure was to be taken against the applicant.

Neutral Citation No. - 2025:AHC:72186

Court No. - 84

Case :- APPLICATION U/S 482 No. - 25850 of 2024

Applicant :- Rehan Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhijeet Kumar Pandey,Indar Kumar Chaubey Counsel for Opposite Party :- Pramod Kumar Kesarwani,G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit filed today, is taken on record.

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

The present 482 Cr.P.C. application has been filed to quash the summoning order dated 01.06.2024 passed by Chief Judicial Magistrate, Kaushambi as well as entire proceedings of Case No. 1980 of 2024 (State Vs. Rehan Khan), arising out of Case Crime No. 514 of 2022, under Sections 420, 406, 506 IPC, Police StationManjhanpur, District- Kaushambi, pending in the Court of Chief Judicial Magistrate, Kaushambi, on account of compromise dated 26.07.2024.

It has been contended by learned counsel for the applicant that the applicant and opposite party no. 2 have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise/settlement deed entered into between the parties has been annexed as Annexure-6 to the application.

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 :- 6.5.2025/Aditya

Digitally signed by :- ADITYA KUSHWAHA High Court of Judicature at Allahabad