Neutral Citation No. - 2025:AHC:129545 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.15) Court No. - 78 Case :- APPLICATION U/S 482 No. - 33925 of 2024 Applicant :- Irfan Ahmad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Pandey,P.K. Upadhyay Counsel for Opposite Party :- G.A.,Om Prakash Vishwakarma Hon'ble Anish Kumar Gupta,J. 1. Heard Sri P.K. Upadhyay, learned counsel for the applicants and Sri Om Prakash Vishwakarma learned counsel for opposite party no.2. 2. The instant application has been filed seeking quashing of the 28.08.2024, 26.02.2024, 07.02.2024 and 21.11.2023 as well as the entire proceeding of Complaint Case No. 2075 of 2015 (Isteyak Ahmad vs. Irfan Ahmad and others), under Sections 467, 468, 471, 419, 420, 120-B IPC, P.S. Dudhara, District Sant Kabir Nagar, pending in the court of Civil Judge (J.D.), Sant Kabir Nagar. 3. on 21.10.2024, this Court has passed the following order: "1. Heard learned counsel for applicants and learned Additional Government Advocate appearing for opposite party no.1 State. 2. Issue notice to opposite party no.2, returnable at an early date. 3. Application under Section 482 Cr.P.C. has been filed challenging proceedings of Criminal Complaint Case No.2075 of 2015 (Isteyak Ahmad versus Irfan Ahmad and Ors.), under Sections 467, 468, 471, 419, 420, 120-B I.P.C., Police Station Dudhara, District Sant Kabir Nagar. 4. Learned counsel for applicants has drawn attention to the impugned order dated 28.08.2024 to submit that the application filed under Section 257 Cr.P.C. has been rejected on a technical ground ignoring the fact that parties have already compromised and civil proceedings between them has already been decided in terms of compromise entered into between the parties. It is submitted that parties to the dispute are ready and willing to compromise in the criminal proceedings as well. 5. In view of aforesaid, list this case on 13.11.2024, as fresh along with service report. 6. Till next date of listing, no coercive proceedings shall be taken against applicants in pursuance of Criminal Complaint Case No.2075 of 2015 (Isteyak Ahmad versus Irfan Ahmad and Ors.), under Sections 467, 468, 471, 419, 420, 120-B I.P.C., Police Station Dudhara, District Sant Kabir Nagar." 4. Subsequent thereto, vakalatnama has been filed on behalf of opposite party no.2 on 19.11.2024. 5. It is submitted by both the counsel that the opposite party no.2 has died. 6. Since it is a complaint case and the complainant had himself moved an application for withdrawal of the complaint against the applicants herein during his lifetime and now the death of the complainant has occurred on 16.02.2025, therefore, the instant application is disposed of with a direction to the applicants to appear before the trial court concerned within a period of two weeks from today and move an application under Section 256 Cr.P.C, which shall be taken into consideration and disposed of by the trial court in accordance with the provisions of Section 256 Cr.P.C. 7. Till the period of two weeks from today, no coercive steps shall be taken against the applicants. 8. If no such application is moved by the applicant within a period of two weeks, the trial court shall proceed in the matter in accordance with law. If the application under Section 256 Cr.P.C. is moved by the applicant, the interim protection granted to the applicants shall continue till the disposal of the said application. Order Date :- 1.8.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad