Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 163175 (ALL)

KHURSHEED v. STATE OF U.P. THRU. SECY. HOME LKO. AND ANOTHER

A482/7518/2025 · 2025-09-19

Shree Prakash Singh

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7518 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. 1. On 09.09.2025, following order was passed: "1. Vakalatnama has been filed today by Shri Pawan Kumar Sharma, Advocate on behalf of opposite party no.2 is taken on record. 2. The fact remains that the FIR has been lodged by the opposite party no.2 with the allegation that Rs.60,000/- is taken and that was misappropriated by committing cheat and fraud. 3. Learned counsel for the applicant submits that he admits that he has taken Rs.60,000/- but there was no intent of committing cheat and fraud as he has returned the amount of Rs.20,000/- out of Rs.60,000/- and he will repay the rest amount i.e. Rs.40,000/-, within a week. 4. Learned counsel appearing for the opposite party no.2/ informant submits on the basis of instructions that Rs.40,000/- is the remaining amount to be paid to him. 5. In view of aforesaid, list/ put up this matter on 19.09.2025 at 02:15 P.M. 6. In the meantime, learned counsel for the applicant shall pay the aforesaid amount as is admitted by him and he will also submit a proof thereof before this Court. 7. On the next date, the opposite party no.2 shall remain present before this Court. Versus Counsel for Applicant(s) : Sheikh Mohammad Ali Counsel for Opposite Party(s) : G.A., Pawan Kumar Sharma Khursheed .....Applicant(s) State Of U.P. Thru. Secy. Home Lko. And Another .....Opposite Party(s) 8. Till the next date of listing, the proceeding of Criminal Case No.9907 of 2025 (State versus Khursheed), arising out of Case Crime No.82 of 2024, under Sections 406, 504, 506 IPC, Police Station Dargah Sharif, District Bahraich against the applicant shall remain stayed. " 2. In compliance of aforesaid order, the opposite party no.2- Mohd. Shaban Ansari is present before this Court and he has been duly identified by his counsel. 3. On query being asked, opposite party no.2 replied that Rs.60,000/- was taken by the applicant and he admitted that out of the aforesaid amount, Rs.20,000/- has already been received and Rs.40,000/- is yet to be paid. 4. On the other hand, Shri Sheikh Mohammad Ali, learned counsel for the applicant has submitted that he has fetched Rs.40,000/- from his client (applicant) and he is paying the same to the opposite party no.2 in the Court, now. 5. Opposite party no.2, present before this Court, has received Rs.40,000/- in cash, in presence of his counsel, namely, Shri Pawan Kumar Sharma, who has also identified opposite party nos.2. After receiving the aforesaid amount, opposite party no.2 stated that he has no objection, in case, the entire criminal proceedings against the applicant are dropped. 6. In light of the statement of opposite party no.2, Mohd. Shaban Ansari, given before this Court, it is evident that the matter was regarding the money transaction between the parties which has already been solved as the opposite party no.2, has received the rest of the amount of Rs.40,000/-. 7. Accordingly, the present application is allowed and the entire criminal proceedings of Criminal Case No.9907/2025 (State Versus Khursheed); arising out of case crime no.82/2024, under Sections 406, 504, 506 IPC, registered at Police Station- Dargah Sharif, District Bahraich, are hereby quashed. 8. Consequences to follow. A482 No. 7518 of 2025 2 9. Consigned to record. 10. Presence of the opposite party no.2 is hereby exempted. September 19, 2025/V. Sinha A482 No. 7518 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- VAISHALI SINHA High Court of Judicature at Allahabad, Lucknow Bench