Dismissed¶21

Akhtar Ali and 4 Others v. State of U.P and Another

Allahabad HC4 May 2026A482/1721/2022

Case brief

AI extract

What is this about?

Section 482 Cr.P.C. quashing application dismissed; Complaint Case No. 478 of 2021; Sections 406, 323, 506 IPC; cognizable offence disclosed in FIR; charge sheet after investigation; summoning order dated 18.10.2021; Additional Chief Judicial Magistrate, Allahabad; interim order dated 15.03.2022 vacated; non-compliance with mediation deposit of Rs. 25,000/-; Mushim Ahmad vs. Akhtar Ali; High Court of Judicature at Allahabad; Dr. Gautam Chowdhary, J.; Application U/S 482 No. 1721 of 2022.

What did the court decide?

The allegations in the first information report disclose commission of a cognizable offence and are supported by material collected during investigation, on whose basis the police laid a charge sheet against the applicants. ¶18

Akhtar Ali and 4 Others Vs State of U.P and Another — Cheating and Forgery | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD

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APPLICATION U/S 482 No. - 1721 of 2022

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Akhtar Ali And 4 Others

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.....Applicant(s)

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	Versu	s
State Of U.P And Another				.....Opposite Party(s)
Counsel for Applicant(s)	: Anil Patha	Kumar k	Mishra,	Om Prakash
Counsel for Opposite Party(s)	: G.A.,	Harikesh

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Court No. - 82

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HON'BLE DR. GAUTAM CHOWDHARY, J.

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Heard Sri Rama Singh, learned counsel holding brief of Sri Anil Kumar Mishra, learned counsel for the applicant, learned A.G.A. for the State and perused the record.

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This application has been filed for quashing of the proceedings of Complaint Case No. 478 of 2021 (Mushim Ahmad Vs. Akhtar Ali and others) under Sections 406, 323, 506 I.P.C., Police Station Soraon, District Prayagraj pending before learned Additional Chief Judicial Magistrate, Room No.17, District Allahabad as well as to quash the summoning order dated 18.10.2021 passed in the aforesaid case.

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Another Bench of this Court on the request of learned counsel for the parties, vide order dated 02.05.2023 had referred the matter before Mediation and Conciliation Centre of this Court for amicable settlement between the parties subject to deposit of Rs. 25,000/- before the Centre.

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The Incharge Mediation and Conciliation Centre of this Court vide its report dated 13.10.2023 has reported that the applicants have not complied the order dated 02.05.2023 i.e. with regard to deposit of amount of Rs. 25,000/- before the Conciliation Centre of this Court.

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The instant case is pending since 2022 in which interim order was granted on 15.03.2022, which was extended from time to time. On one hand, the matter was referred to mediation Centre of this Court vide order dated 02.05.2023 subject to deposit of Rs. 25,000/- but till date the amount has not been deposited by the applicants and that the applicants have enjoyed the fruits of interim order.

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Today when the case was taken, Sri Rama Singh, learned counsel holding brief of Sri Anil Kumar Mishra, learned counsel for the applicants has prayed to pass over the matter inspite of the fact that the applicants have

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A482 No. 1721 of 2022

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not complied with the order dated 02.05.2023, however the case is taken up on merits.

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Learned counsel for the applicants submits that the applicants have been falsely implicated in the present case due to ulterior motive. Submission is that the malafides which motivated the opposite party have been emphasized and several submissions in order to expose the falsity of the allegations have been made. Further submission is that malafides behind the prosecution are apparent on the face of record and if the proceedings against the applicants is allowed to go on, it will result in the abuse of court's process. Learned counsel for the applicants therefore submits, no prosecution could lie against the applicants, in such circumstances.

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On perusal of the record, the Court finds that the allegations made in the first information report disclose commission of a cognizable offence and those allegations have found support from the material collected during the course of investigation on the basis whereof the police has laid a charge sheet against the applicants.

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This Court in exercise of its power under section 482 Cr.P.C., is not required to assess the correctness of the allegation and the reliability of the material collected during the course of investigation, the prayer to quash the charge sheet and the consequential proceeding is rejected.

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Interim order, if any, stands vacated.

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Accordingly, the instant application lacks merit and is dismissed.

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The Registrar (Compliance) of this Court is directed to communicate the order passed by this Court to the concerned Court below forthwith.

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(Dr. Gautam Chowdhary,J.)

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May 5, 2026

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S.Ali