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2025 DAILYLAW 104290 (ALL)

VINEET KUMAR GUPTA AND OTHERS v. State of U.P. AND ANOTHER

A482/34395/2024 · 2025-07-02

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:102997 HIGH COURT OF JUDICATURE AT ALLAHABAD ***** (Sl No.5) Court No. - 78 Case :- APPLICATION U/S 482 No. - 34395 of 2024 Applicant :- Vineet Kumar Gupta And Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashima Goel,Manoj Kumar Mathur,Manu Srivastava,Vivek Kumar Srivastava Counsel for Opposite Party :- Ambikesh Kumar Sharma,G.A.,Shashi Kant Shukla Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Mayapati Pandey, counsel holding brief of Sri Manoj Kumar Mathur, learned counsel for the applicants, Sri Digvijay Singh, counsel holding brief of Sri Shashi Kant Shukla, learned counsel for the opposite party no. 2 and Sri Kailash Prakash Pathak, learned A.G.A. for the State. 2. The instant application under Section 482 Cr.P.C. has been filed seeking quashing of the impugned order dated 11.09.2024 in Criminal Revision No. 62 of 2024 (Vineet Kumar Gupta & Others vs. State of U.P. and Another) filed against summoning order dated 21.11.2023 in Complaint Case No. 25847 of 2023 (Vikas Jain vs. Vinay Kumar Gupta and Other) under Sections 406, 506 I.P.C., P.S.- Civil Lines, District- Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad. 3. Learned counsel for the applicants submits that the instant complaint case was lodged by the opposite party no.2 with regard to some financial transactions between the parties. It is further submitted that all amount to the satisfaction of the opposite party no.2 has already been paid by the applicants herein. In view thereof, the opposite party no.2 herein had already filed an affidavit before the trial court that he has received all the amount to his satisfaction and nothing remains to be received from the applicants. In view thereof, he does not want to press the complaint case against the applicants. The certified copy of the said affidavit has been placed on record by way of supplementary affidavit as Annexure SA-1. 4. Learned counsel for the opposite party no. 2 does not dispute the aforesaid contentions and filing of the affidavit by the opposite party no.2 before the trial court concerned. 5. In view of the aforesaid settlement, an affidavit filed by the opposite party no.2. Learned A.G.A. does not oppose the prayer for quashing of the complaint case against the applicants. 6. In view of the aforesaid facts and circumstances of the case wherein the dispute was with regard to the financial transaction between the parties and the dispute was private in nature and does not have any wider social impact. The parties have settled their dispute. The opposite party no.2 has already filed an affidavit before the trial court and a certified copy whereof has been produced before this Court by way of supplementary affidavit, which has not been disputed by learned counsel for the opposite party no.2. 7. In view of the aforesaid circumstances the instant application is allowed and the entire proceedings of Complaint Case No. 25847 of 2023 (Vikas Jain vs. Vinay Kumar Gupta and Other) under Sections 406, 506 I.P.C., P.S.- Civil Lines, District- Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad of Case as well as summoning order dated 21.11.2023, are hereby quashed. Order Date :- 3.7.2025 Shubham Arya (Anish Kumar Gupta, J.) Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad Digitally signed by :- SHUBHAM ARYA High Court of Judicature at Allahabad