Smt. Reeta Shakya vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Smt. Reeta Shakya vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application not finally decided at this stage; interim relief granted — parties directed to appear before the learned Judicial Magistrate, Etah in the second week of July, 2025 for verification of the compromise, with a compliance report to be submitted to this Court; no coercive action against the applicant till the next date of listing; case listed for the last week of July, 2025.

Issue for consideration

Whether the entire proceeding of Criminal Case No. 28815 of 2023 (State v. Smt. Bitto Devi and others), arising out of Case Crime No. 88 of 2023 under Section 420, 504 I.P.C., pending before the Judicial Magistrate, Etah, along with the charge sheet dated 13/09/2023 and cognizance order dated 11/12/2023, ought to be quashed, in view of the reported compromise between the parties and the absence of any objection from the State.

Court's answer

Accepting the position that the matter stands compromised between the parties, with no objection from the State, the Court did not immediately quash the proceedings but directed the parties to appear before the learned Judicial Magistrate, Etah in the second week of July, 2025, where the Judicial Magistrate concerned shall verify the compromise and submit his compliance report to this Court.

Ratio / Principle

As interim protection until the next date of listing, no coercive action shall be taken against the applicant in the aforesaid criminal case.

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Jitendra Kumar Sinha, J.) — Order dated 9.6.2025 in Application U/S 528 BNSS No. 16586 of 2025 filed by Smt. Reeta Shakya seeking quashing of the entire proceeding of Criminal Case No. 28815 of 2023 (State v. Smt. Bitto Devi and others), arising out of Case Crime No. 88 of 2023 under Section 420, 504 I.P.C., pending before the Judicial Magistrate, Etah, along with the charge sheet dated 13/09/2023 and cognizance order dated 11/12/2023. Applicant's counsel urged that the FIR disclosed no criminal offence, the dispute was civil in nature and the matter stood compromised; counsel for opposite party no.2 concurred and the learned AGA raised no objection. The Court directed the parties to appear before the Judicial Magistrate, Etah in the second week of July, 2025, who shall verify the compromise and submit a compliance report; held interim protection that no coercive action shall be taken against the applicant till the next date of listing; case listed in the last week of July, 2025.

Court No. - 46

Case :- APPLICATION U/S 528 BNSS No. - 16586 of 2025

Applicant :- Smt. Reeta Shakya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Jitendra Kumar Sinha,J.

Mr. Raj Kumar Pandey, learned Advocate has filed Vakalatnama on behalf of opposite party no.2 today in Court which is taken on record.

Heard Shri Deepak Kumar, Advocate holding brief of Mr. Yogendra Kumar Srivastava, learned counsel for the applicant, Mr. Raj Kumar Pandey, learned counsel for opposite party no.2 and Mr. R.K. Gupta, learned AGA for the State.

The present application under Section 528 BNSS has been filed for the following relief :-

"It is, therefore most respectfully prayed that this Hon'ble Court may graciously be pleased to allow this application, and further be pleased to quash the entire proceeding of Criminal Case No. 28815 of 2023 (State v. Smt. Bitto Devi and others), arising out of Case Crime No. 88 of 2023, under Section 420, 504 I.P.C., pending in the court of Judicial Magistrate, Etah, as well as charge sheet dated 13/09/2023 and cognizance order dated 11/12/2023 passed by Judicial Magistrate, Etah."

Learned counsel for the applicant submits that the contents of the First Information Report do not disclose any criminal offence rather the dispute relates to civil nature and now the matter has been compromised between the parties.

The counsel for opposite party no.2 agrees with the submissions of the learned counsel for the applicant and submits that the matter has been compromised between the parties.

Learned AGA for the State has no objection to the above contention.

In view of the above, it is directed that the parties appear before the learned Judicial Magistrate, Etah of second week of July, 2025 and the learned Judicial Magistrate concerned shall verify the compromise and submit his compliance report to this Court.

List this case in the last week of July, 2025.

Till the next date of listing, no coercive action shall be taken

against the applicant in the aforesaid case.

Order Date :- 9.6.2025 Rama Kant

Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad