HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 31096 of 2018 with APPLICATION U/S 482 No. - 669 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Supplementary affidavits filed today in the leading and the connected applications are taken on record. 2. Heard Sri Pawan Kumar, learned counsel for the applicants in leading and the connected C-1 applications, Sri Moti Law, learned AGA for the State and Sri Modh. Irfan Ahmad Malik in the connected application for the opposite party no.2. 3. The leading application has been preferred seeking relief :- "It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the entire proceedings of Case No.3787 of 2018 (State Vs. Nityanand Mani Tripathi & others) arising out of Case Crime No. 0232 of 2017),under sections 419, 420, P.S. Kotwali, District Maharajganj pending before Chief Judicial Magistrate Maharajganj. Versus Counsel for Applicant(s) : Pawan Kumar, Satish Kumar Sharma, Dinesh Kumar Pandey, Mohd Imran Siddiqui, Syed Mohammad Abbas Abdy Counsel for Opposite Party(s) : G.A. Versus Counsel for Applicant(s) : Pawan Kumar Counsel for Opposite Party(s) : Irfan Ahmad Malik, G.A. Mohd. Taqaseem .....Applicant(s) State of U.P. and Another .....Opposite Party(s) Kailash Singh And 9 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) It is further prayed to stay the further proceeding of the Case No.3787 of 2018 (State Vs. Nityanand Mani Tripathi & others) arising out of Case Crime No. 0232 of 2017), under sections 419, 420, P.S. Kotwali, District Maharajganj pending before Chief Judicial Magistrate Maharajganj, otherwise the applicant shall suffer irreparable loss and injury, and/or pass such other and further order as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case." 4. This Court on 11.10.2018 proceeding to pass the following order:- "Heard learned counsel for the applicant and learned AGA for the State. Pursuant to the order dated 7.9.2018 learned AGA has placed instructions received from the Sub-Inspector, PS Kotwali, District Maharajganj. The case requires consideration. Admit. Issue notice. The submissions advanced by the learned counsel for the applicant is that one Daroga Pandey by playing fraud and in collusion with Shri Nityanand Mani Tripathi, Principal of Jokhan Mani Inter College obtained admission for his son, Abhishek Pandey, who was actually not residing in India then and was actually in Middle East. The admission was for High School Examination of 2016. The photograph originally attached with the form was of Abhishek Pandey, however, at the time of examination one Aditya Pandey, son of Krishna Murari Pandey went to appear in the Board examination. Submission on behalf of the applicant is to the effect that the applicant is the Principal of Kasturba Gandhi Balika Inter College, Gangarai, District Maharajganj, which was the examination centre for the High School Examination, 2016 for the candidates of Jokhan Mani Tripathi Intermediate College objected to Aditya Pandey giving the examination as his face was not matching with the photograph on the form. It was then that Nityanand Mani Tripathi sent a letter dated 17.02.2016 to the applicant stating that photo in the form of Abhishek Pandey was wrongly inserted and now the correct photo is being verified and attested. This photo was of Aditya Pandey. Learned counsel further submitted that the applicant had nothing to do with the admission of Abhishek Pandey or attestation of his photograph. Whether or not the photograph was of Abhishek or of some other person, was the job of the Principal of the Jokhan Mani Tripathi Intermediate College. It is also the submission that the applicant allowed the candidate to appear in the examination against the real Abhishek Pandey whose photograph has been duly verified and identified by the Principal of Jokhan Mani Tripathi Intermediate College. Prima facie case for interim relief is made out. Till further orders of this Court further proceedings in the Case Crime No. 3787 of 2018 (State Vs. Nityanand Mani Tripathi & Others) arising out of Case Crime No. 0232 of 2017 under section 419, 420 PS Kotwali, District Maharajganj as against the applicant only shall remain stayed." 5. There is an office report dated 18.9.2023 that the notice has been served upon the opposite party no.2 personally. 6. As regard the connected application is concerned the relief is sought as A482 No. 31096 of 2018 2 under:- "It is, therefore, most respectfully prayed that this Hon'ble Court may very graciously be pleased to allow this application and quash the entire proceedings initiated by the opposite party no. 2 on the basis of compromise against the Applicants under sections 419,420 I.P.C. which is pending before the Additional Civil Judge Pravar Khand/ Additional Chief Judicial Magistrate Maharajganj as Case No.3787 of 2018, (Case Crime No. 232 of 2017), (State versus Nityanand Mani Tripathi and Others). It is also prayed that during the pendency of the present application before this Hon'ble Court the further proceedings of the above noted case may also very graciously be kept in abeyance, or to pass such other and further orders which this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, otherwise the Applicants shall suffer irreparable loss and injury." 7. This Court on 7.5.2025 proceeded to pass the following order:- Sri Tufan Singh, Advocate, holding brief of Sri Irfan Ahmad Malik, Advocate, filed vaklatnama on behalf of the Opposite Party No.2 is taken on record. Office is directed to show his name as counsel for the Opposite Party No.2 in the next cause list. Learned counsel for both the parties jointly submitted that parties have settled their dispute with regard to the offences punishable under Sections 419 and 420 of IPC. Learned counsel for the applicants prays for and is granted two weeks' time to file original/certified copy of complete compromise by way of supplementary affidavit. Put up this case on 4.7.2025, as fresh. Till the next date of listing, further proceedings of Criminal Case No. 3787 of 2018, arising out of Case Crime No. 232 of 2017 (State v. Nityanand Mani Tripathi and Others), under Sections 419 and 420 of IPC, Police Station Kotwali, District Maharajganj, pending in the Court of Additional Civil Judge, Pravar Khand/ Additional Chief Judicial Magistrate, Maharajbanj, shall remain stayed against the applicants. 8. Incidentally the opposite party no.2 are the same in the leading and the connected application and in the connected application Sri Mohd. Irafan Ahmad Malik appears for the opposite party no.2 and he had made a statement that he also has instructions from the opposite party no.2 in the leading application. A482 No. 31096 of 2018 3 9. Learned counsel for the applicants has invited the attention of the Court towards supplementary affidavit dated 20.9.2025 that the parties have entered into compromise on 3.6.2025 which stood verified on 16.6.2025 and in the leading and the connected applications (as the criminal case are the same though the applicants are different but the opposite party no.2 complainant the first informant is the same). They submit then the proceedings be quashed. 10. Learned AGA as well as learned counsel for the opposite parties have no objection to the same. 11. Considering the submissions so made across the bar and looking into the fact that the parties have entered into compromise and the same stands verified and in view of the judgment of Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, nothing remains to be further proceeded with. 12. Accordingly, the applications are allowed. 13. In the leading application the proceedings of entire proceedings of Case No.3787 of 2018 (State Vs. Nityanand Mani Tripathi & others) arising out of Case Crime No. 0232 of 2017),under sections 419, 420, P.S. Kotwali, District Maharajganj pending before Chief Judicial Magistrate Maharajganj and in the connected application entire proceedings under sections 419,420 I.P.C. which is pending before the Additional Civil Judge Pravar Khand/ Additional Chief Judicial Magistrate Maharajganj as Case No.3787 of 2018, (Case Crime No. 232 of 2017), (State versus Nityanand Mani Tripathi and Others). be quashed. 14. Passing of the present order may not preclude the opposite party no.2 to file an appropriate application in case she is aggrieved. September 22, 2025 piyush A482 No. 31096 of 2018 4 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad