Ramesh Kumar Gupta and Ors. Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

Ramesh Kumar Gupta and Ors. Vs State of U.P. Thru… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Charge sheet dated 08.04.2016 in Case Crime No. 420 of 2015 (Sections 420, 471, 504, 506 IPC, P.S. Kotwali Nagar, District Raebareli), the entire proceedings of Case No. 10960 of 2016 pending before the Chief Judicial Magistrate, Court No. 9, Raebareli, and the summoning order dated 26.08.2016 stand quashed.

Issue for consideration

Whether the charge sheet dated 08.04.2016, the entire proceedings of Case No. 10960 of 2016 and the summoning order dated 26.08.2016 should be quashed on the ground of compromise entered into between the parties.

Court's answer

The petition is allowed: the charge sheet dated 08.04.2016 arising out of Case Crime No. 420 of 2015 (Sections 420, 471, 504, 506 IPC, P.S. Kotwali Nagar, District Raebareli), the entire proceedings of Case No. 10960 of 2016, and the summoning order dated 26.08.2016 are quashed.

Ratio / Principle

The quashing rests on the compromise dated 06.10.2024 verified by the trial court, whereby the land dispute underlying the FIR stands resolved and opposite party no. 2 does not want further proceedings against the applicants.

Key takeaways

The learned counsel for opposite party no. 2 supported the applicants' prayer and gave his consent for the proceedings being quashed on the basis of compromise.ratio¶¶11

Detailed headnote1 paragraphs

Criminal miscellaneous application under Section 482 Cr.P.C. allowed. The charge sheet dated 08.04.2016 arising out of Case Crime No. 420 of 2015 (Sections 420, 471, 504, 506 IPC, Police Station Kotwali Nagar, District Raebareli), the summoning order dated 26.08.2016 and the entire proceedings of Case No. 10960 of 2016 pending before the Chief Judicial Magistrate, Court No. 9, Raebareli were quashed on the basis of a compromise dated 06.10.2024 between the parties. The compromise, recording that the FIR arose out of a land dispute which had been resolved and that opposite party no. 2 did not wish further proceedings, was directed to be verified by an earlier order dated 17.04.2025 and was verified by the Chief Judicial Magistrate by order dated 29.04.2025; counsel for opposite party no. 2 consented to the quashing.

Neutral Citation No. - 2025:AHC-LKO:37151

Court No. - 15

Case :- APPLICATION U/S 482 No. - 7768 of 2016 Applicant :- Ramesh Kumar Gupta And Ors. Opposite Party :- State Of U.P. Thru. Its Prin. Secy. Deptt. Of Home And Ors. Counsel for Applicant :- Ram Pukar Singh,Mohd Hidayat Vllah Ansari

Counsel for Opposite Party :- Govt. Advocate,Shiv Charitra Tiwari

Hon'ble Subhash Vidyarthi,J.

Heard Sri Ram Pukar Singh, the learned counsel for the applicants and Sri Diwaker Singh, the learned A.G.A for the State and Sri Shiv Charitra Tiwari, the learned counsel for the opposite party no. 2.

By means of the instant application filed under Section 482 Cr.P.C, the applicants has sought quashing of the charge sheet dated 08.04.2016, arising out of Case Crime No. 420 of 2015, under Sections 420, 471, 504, 506 I.P.C, Police Station Kotwali Nagar, District Raebareli as well as the entire proceedings of Case No. 10960 of 2016 which is pending before the court of Chief Judicial Magistrate, Court No. 9, Raebareli and the summoning order dated 26.08.2016 passed by the Chief Judicial Magistrate Court No.9 District Raebareli.

The quashing of the proceedings has been sought on the ground that the parties have entered into a compromise on 06.10.2024 a copy whereof has been annexed with the supplementary affidavit as S.A. No.1.

The applicants had filed an application under section 482 Cr.P.C. No. 7768 of 2016, which was disposed of by means of an order dated 17.04.2025 directing the trial court to verify the compromise. The compromise has been verified by means of an

order dated 29.04.2025 passed by the learned Chief Judicial Magistrate,Court No. 9, Raebareli. It is stated in the compromise that the F.I.R was lodged becasue of some land dispute, which has been resolved and the opposite party no.2 does not want any further proceedings against the applicants.

Sri Shiv Charitra Tiwari, the learned counsel for the opposite party no. 2 has supported the prayer made by the applicants and has given his consent for proceedings being quashed on the basis of compromise.

Accordingly, the present petition is allowed and the charge sheet dated 08.04.2016, arising out of Case Crime No. 420 of 2015, under Sections 420, 471, 504, 506 I.P.C, Police Station Kotwali Nagar, District Raebareli as well as the entire proceedings of Case No. 10960 of 2016 and the summoning order dated 26.08.2016 are hereby quashed.

.

(Subhash Vidyarthi,J.)

Order Date :- 1.7.2025 Preeti.

Digitally signed by :- PREETI GAUTAM High Court of Judicature at Allahabad, Lucknow Bench