Ramakant Dubey Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Ramakant Dubey Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Quashing of the summoning order dated 07.04.2015, the charge-sheet dated 05.03.2015 and the entire proceedings of Case No.6342 of 2015 (State Vs. Daniel Subhan and Others) arising out of Case Crime No. 845 of 2014 under Sections 419, 420, 467, 468, 471, 406 IPC.

Issue for consideration

Whether the summoning order dated 07.04.2015, the charge-sheet dated 05.03.2015 and the entire proceedings of Case No.6342 of 2015 (Case Crime No. 845 of 2014, Sections 419, 420, 467, 468, 471, 406 IPC) should be quashed in view of the amicable settlement/compromise between the applicant and opposite party no. 2. +1 more

Court's answer

On the basis of the mutually settled matter and the well-settled principle of law laid down by the Apex Court in the cited cases, the proceedings of Case No.6342 of 2015 (State Vs. Daniel Subhan and Others) arising out of Case Crime No. 845 of 2014 under Sections 419, 420, 467, 468, 471, 406 IPC are quashed.

Ratio / Principle

As the matter has been mutually settled between the parties, no useful purpose would be served in continuing with the prosecution.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Neutral Citation 2025:AHC:83438), Application U/S 482 No. 28949 of 2024 (Ramakant Dubey v. State of U.P. and Another), decided 19.5.2025 by Deepak Verma, J. The applicant sought quashing of the summoning order dated 07.04.2015, charge-sheet dated 05.03.2015 and the entire proceedings of Case No.6342 of 2015 (State Vs. Daniel Subhan and Others) arising out of Case Crime No. 845 of 2014, under Sections 419, 420, 467, 468, 471, 406 IPC, Police Station Civil Lines, District Allahabad, on the basis of a compromise dated 12.08.2024; the applicant was stated not to be named in the F.I.R. Pursuant to a co-ordinate Bench order dated 07.01.2025, the parties appeared before the court below, which verified the compromise and passed a verification order dated 05.03.2025. Holding that the matter had been mutually settled and that no useful purpose would be served by continuing the prosecution, the Court, relying on the Apex Court decisions in Krishnappa & Ors. vs. State of Karnataka (2021 0 Supreme(SC) 529), Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat (2017 9 SCC 641), B.S. Joshi Vs. State of Haryana (2003(4) SCC 675), Nikhil Merchant Vs. Central Burea of Investigation ((2008) 9 SCC 677), Gian Singh Vs. State of Punjab ((2012) 10 SCC 303) and Narinder Singh & others Vs. State of Punjab ((2014) Supreme Today 642), quashed the proceedings and allowed the application under Section 482 CrPC.

Neutral Citation No. - 2025:AHC:83438

Court No. - 84

Case :- APPLICATION U/S 482 No. - 28949 of 2024

Applicant :- Ramakant Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Vikrant Counsel for Opposite Party :- Ajeet Srivastava,G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

Heard learned counsel for the applicant; learned counsel for opposite party no. 2; learned A.G.A. for the State and perused the record.

The present 482 Cr.P.C. application has been filed to quash the summoning order dated 07.04.2015; Charge-sheet dated 05.03.2015 as well as entire proceedings of Case No.6342 of 2015 (State Vs. Daniel Subhan and Others) arising out of Case Crime No. 845 of 2014, under Sections 419, 420, 467, 468, 471, 406 IPC, Police Station Civil Lines, District Allahabad on the basis of compromise dated 12.08.2024.

Learned counsel for the applicants submits that applicant is not named in the F.I.R. The applicant is neither related to the administration nor to the financial matters of the Diocese of Lucknow, Church of North India. The applicant filed 482 petition to quash the proceedings as both the parties have amicably settled the dispute out of the court. The Co-ordinate Bench of this Court vide order dated 07.01.2025 directed the parties to appear before the court below for verification of compromise.

Pursuant to the said order dated 07.01.2025, the parties appeared before the court below and in their presence, after due verification of the parties and contents of the compromise made between them, the court vide order dated 05.03.2025 has passed the verification order. A copy of the same is annexed with the supplementary affidavit.

Learned counsel for the applicants has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2

does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed.

In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further.

Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Case No.6342 of 2015 (State Vs. Daniel Subhan and Others) arising out of Case Crime No. 845 of 2014, under Sections 419, 420, 467, 468, 471, 406 IPC, Police Station Civil Lines, District Allahabad, is hereby quashed.

The application under Section 482 CrPC is accordingly allowed .

Order Date :- 19.5.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad