SMT. UMRAWATI @ UMRAWATI KUSHWAHA AND ANOTHER v. STATE OF U.P. PRIN. SECY. HOME LKO. AND ANOTHER
A482/8731/2025 · 2025-12-10
Rajeev Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 203156 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 203156 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 8731 of 2025 Court No. - 14 HON'BLE RAJEEV SINGH, J.
1. Counter affidavit filed by learned counsel for the applicant is taken on record. 2. Heard learned counsel for the applicant and learned A.G.A. for the State. 3. The present application is filed with the prayer to quash the entire proceedings arising out of Case Crime No.16 of 2022 under Sections 406, 420, 506, 467, 468, 471 I.P.C., Police Station - Wajeerganj, District - Lucknow. 4. Learned counsel for the applicant submits that property in question was purchased from one Pramod Chaurasia, thereafter, it was sold out to the private respondent and later on, F.I.R. of the case in question was lodged. He further submits that issue in question has been resolved in between the parties and settlement agreement was executed on 2.9.2025 and sale consideration of Rs.50,75,000/- as well as stamp duty of Rs.2,75,000/- was paid to private respondent and the description of amount is also mentioned in the settlement agreement, therefore, impugned proceedings against the applicants may be quashed. Versus Counsel for Applicant(s) : Roshan Babu Gupta, Shushil Kr. Sharma Counsel for Opposite Party(s) : G.A., Anurag Singh Chauhan, Ms.Ananya Singh Chauhan, Shameem Jahan, Sheel Mohan Kanchal Smt. Umrawati @ Umrawati Kushwaha And Another .....Applicant(s) State Of U.P. Prin. Secy. Home Lko. And Another .....Opposite Party(s)
5. Learned counsel for the private respondent submits that only Rs.45,75,000/- and amount of stamp duty was paid by the applicants and Rs.5,00,000/-, which is mentioned in the settlement agreement was never paid. 6. It is also informed by the learned counsel for the parties, that Suit for Cancellation 277/2025 alleged sale deed is also filed before the Civil Judge (J.D.), Lucknow and with the cooperation of the private respondent he will try for conclusion of aforesaid suit. 7.
Considering the submissions of learned counsel for the parties, going through the contents of the application as well as other relevant documents, the settlement agreement dated 2.9.2025 executed in between the parties is not disputed and the settlement agreement reveals that Rs.50,75,000/- has already been received by the private respondent alongwith miscellaneous expenses as well as stamp duty of amount of Rs.2,75,000/-, therefore, this Court is of the view that entire sale consideration and the stamp duty has already been paid to the private respondent by the applicants, therefore, the impugned proceeding is liable to be set aside. 8. In view of the discussions made hereinabove, the present application is allowed and impugned proceeding is hereby set aside. December 10, 2025 GauraV/- A482 No. 8731 of 2025 2 (Rajeev Singh,J.) Digitally signed by :- GAURAV PAL High Court of Judicature at Allahabad, Lucknow Bench