Narendra Rastogi Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Narendra Rastogi Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire criminal proceeding dated 16.06.2023, in pursuance of the charge sheet dated 14.11.2022 and cognizance order dated 23.11.2023, in Case No.197 of 2024, arising out of Case Crime No.198 of 2022, under sections 406 and 506 IPC (State Vs. Narendra Rastogi), Police Station Qila, District Bareilly, pending before the learned Additional Chief Judicial Magistrate, Court No.3, Bareilly.

Issue for consideration

Whether the entire criminal proceeding dated 16.06.2023 in Case No.197 of 2024, arising out of Case Crime No.198 of 2022 under sections 406 and 506 IPC, Police Station Qila, District Bareilly, pending before the Additional Chief Judicial Magistrate, Court No.3, Bareilly, should be quashed on the basis of the compromise entered into between the applicant and opposite party no.2.

Court's answer

Since the applicant and opposite party no.2 have entered into a compromise which has been verified by the learned court concerned, with the verification report already on the record, and taking note of the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296, and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed in respect of the applicant.

Ratio / Principle

The entire criminal proceeding of both the parties dated 16.06.2023, in pursuance of the charge sheet dated 14.11.2022 and cognizance order dated 23.11.2023, in Case No.197 of 2024, arising out of Case Crime No.198 of 2022, under sections 406 and 506 IPC (State Vs. Narendra Rastogi), Police Station Qila, District Bareilly, pending before the learned Additional Chief Judicial Magistrate, Court No.3, Bareilly, is quashed.

Key takeaways

The application under Section 482 Cr.P.C. is allowed.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Jitendra Kumar Sinha, J.) allowed Application U/S 482 No. 38829 of 2024 filed by Narendra Rastogi and quashed the entire criminal proceeding dated 16.06.2023 - in pursuance of the charge sheet dated 14.11.2022 and cognizance order dated 23.11.2023 - in Case No.197 of 2024, arising out of Case Crime No.198 of 2022, under sections 406 and 506 IPC (State Vs. Narendra Rastogi), Police Station Qila, District Bareilly, pending before the learned Additional Chief Judicial Magistrate, Court No.3, Bareilly, on the basis of a compromise entered into between the applicant and opposite party no.2, which had already been verified by the learned court concerned with its verification report on record. The Court took note of the law laid down by the Hon'ble Supreme Court in State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296; learned counsel for opposite party no.2 and the learned AGA for the State raised no objection to the quashing.

Neutral Citation No. - 2025:AHC:146424

Court No. - 89

Case :- APPLICATION U/S 482 No. - 38829 of 2024

Applicant :- Narendra Rastogi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Babu Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

The case is taken up on mentioning.

Heard Sri Manoj Kumar Pandey, Advocate, holding brief of Sri Vijay Babu, learned counsel for the applicant and Sri Ashish Kumar Tripathi, learned AGA for the State-opposite party no.1.

This application u/s 482 Cr.P.C. has been preferred with prayer to quash the entire criminal proceeding of both the parties dated 16.06.2023 in pursuance of the charge sheet dated 14.11.2022 and cognizance order dated 23.11.2023, in Case No.197 of 2024, arising out of Case Crime No.198 of 2022, under sections 406 and 506, IPC (State Vs. Narendra Rastogi), Police Station Qila, District Bareilly, pending before learned Additional Chief Judicial Magistrate, Court No.3, Bareilly, on the basis of compromise.

It is contended by learned counsel for the applicant that applicant and opposite party no.2 have entered into compromise and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise sent by the court concerned is already on the record. Learned counsel for the applicant further prays that in view of the compromise entered into between the applicant and opposite party no.2, the proceeding of the aforesaid case be quashed.

On the other hand, learned counsel for the opposite party no.2 and learned AGA for the State have no objection to the above submissions made by learned counsel for the applicant.

In view of the fact that applicant and opposite party no.2 have entered into compromised and the said compromise has already been verified by the learned court concerned and a report regarding verification of compromise is already on the record and taking note of the law laid down by Hon'ble Supreme Court in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed, in respect of the applicant.

7 In view of the aforesaid, the entire criminal proceeding of both the parties dated 16.06.2023 in pursuance of the charge sheet dated 14.11.2022 and cognizance order dated 23.11.2023, in Case No.197 of 2024, arising out of Case Crime No.198 of 2022, under sections 406 and 506, IPC (State Vs. Narendra Rastogi), Police Station Qila, District Bareilly, pending before learned Additional Chief Judicial Magistrate, Court No.3, Bareilly, are hereby quashed.

The application u/s 482 Cr.P.C. is hereby allowed.

Order Date :- 23.8.2025 VKG

Digitally signed by :- VIJAY KUMAR GUPTA High Court of Judicature at Allahabad