Allowed

Arvind Gupta v. State of U.P. and Anr.

Allahabad HC16 May 2025A482/6140/2017

Case brief

AI extract

What is this about?

The applicant sought quashing of criminal proceedings arising from a dispute over Rs.25,000. The court noted the dispute was amicably settled with the amount deposited. Consequently, proceeding against the applicant was quashed, and the amount was directed to be released to the complainant.

What did the court decide?

Criminal proceedings Criminal Case No.2142 of 2008 quashed; directed release of Rs.25,000 to Dr. Ramesh Chandra.

Arvind Gupta Vs State of U.P. and Anr. — Cheque Dishonour | Allahabad HC (2025)

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Neutral Citation No. - 2025:AHC-LKO:29184

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Court No. - 29

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Case :- APPLICATION U/S 482 No. - 6140 of 2017

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Applicant :- Arvind Gupta Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Shamshad Ahmad Khan,Mohd. Naeem

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Counsel for Opposite Party :- Govt. Advocate,Vikram Sonal Singh

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Hon'ble Shree Prakash Singh,J.

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Affidavit filed today by learned counsel for the opposite party no.2/ complainant is taken on record.

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Heard learned counsel for the applicant, Mr. Vikram Sonal Singh, learned counsel for the opposite party no.2/ complainant, learned A.G.A. for the State-opposite party and perused the record.

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The instant application under Section 482 Cr.P.C (Now Section 528 BNSS) has been filed with the following prayer:-

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"Wherefore, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to set aside/quash the impugned Charge Sheet No.106 of 2008 dated 02.05.2008 filed in Case Crime No.137 of 2008, under sections 406 I.P.C. and Section 138 N.I. Act, P.S. Chinhat, District Lucknow, as contained in Annexure no.1 to this petition and further the entire criminal proceedings of Crl. Case No.2142 of 2008, State Versus Arvind Gupta pending before the court of A.C.J.M. Court No.27, Lucknow be also set aside/quashed."

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Learned counsel for the applicant submits that there was a dispute of an amount of Rs.25,000/-, in between the parties and that has been settled amicably. The applicant has already deposited the amount before the Senior Registrar of this Court and it has been prayed that the same may be released in favour of the opposite party no.2/ Dr. Ramesh Chandra.

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Learned counsel for the opposite party no.2 has pointed out towards paragraph nos.9 and 10 of the affidavit filed today and submits that if he receives Rs.25,000/-, he would have no objection.

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Learned counsel for the State-opposite party has no objection as the matter is in between the private parties and the parties have agreed to amicably settled their dispute.

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From perusal of the order-sheet, it transpires that on 06.02.2025, vide the Tender No.197, the amount of Rs.25,000/has been deposited as was directed by this Court, vide order dated 18.09.2017.

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Considering the aforesaid, the Senior Registrar, High Court, Lucknow is directed to disburse the amount of Rs.25,000/- in favour of the opposite party no.2 i.e. Dr. Ramesh Chandra, forthwith.

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Consequently, the criminal proceeding of Criminal Case No.2142 of 2008 "State versus Arvind Gupta", arising out of Case Crime No.137 of 2008, under Section 406 IPC and Section 138 NI Act, Police Station Chinhat, District Lucknow, is hereby quashed.

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In view of the aforesaid terms, the application is hereby allowed .

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Order Date :- 16.5.2025 Mohd. Sharif

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Digitally signed by :- MOHAMMAD SHARIF High Court of Judicature at Allahabad, Lucknow Bench

Arvind Gupta v. State of U.P. and Anr.

Case brief

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Arvind Gupta v. State of U.P. and Anr.

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