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2025 DAILYLAW 84913 (ALL)

KAPIL RASTOGI v. STATE OF U.P. AND ANOTHER

A482/26167/2024 · 2025-04-15

Deepak Verma

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:55738 Court No. - 84 Case :- APPLICATION U/S 482 No. - 26167 of 2024 Applicant :- Kapil Rastogi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prateek Sinha,Somya Dwadash Shreni Counsel for Opposite Party :- Abhishek Srivastava,Deepankar Shukla,G.A.,Tanzeel Ahmad,Tarun Agrawal,Yash Padia Hon'ble Deepak Verma,J. 1. Heard learned counsel for the applicant; learned counsel for opposite party no. 2 and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Criminal Case No.14780 of 2023 (case crime No 239/2021 (State Vs Kapil Rastogi & Others), under sections 418, 420, 467, 468, 471 IPC at P.S Mainather, Moradabad pending in the court of Additional Chief Judicial Magistrate, Court No.6, Moradabad, otherwise the applicant shall suffer an irreparable loss and injury 3. The F.I.R. allegation is that applicant by manipulating the documents has sold the mortgaged property in favour of another person without clearing the bank dues. Learned counsel for the applicant submits that both the parties have amicably settled the dispute out of the Court and whole amount has been paid by the applicant. The Co-ordinate Bench of this Court vide order dated 21.09.2024 directed the parties to appear before the court below and file the certified copy of compromise deed. 4. Pursuant to the said order dated 21.09.2024, the parties appeared before the court below and in their presence, after due verification of the contents of the compromise made between the parties, order dated 06.12.2024 has been passed by the court verifying the said compromise. A copy of the same is annexed as Annexure- S.A.-1 to the supplementary affidavit. 5. Learned counsel for the applicant has submitted that the applicant and opposite party no.2 have settled their private and civil dispute through compromise and as such opposite party no.2 does not wish to press the aforesaid case against the applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicants and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on. 6. Learned counsel appearing for the opposite party no.2 does not dispute the correctness of the submission made by learned counsel for the applicants or the correctness of the documents relied upon by him. He submits that opposite party no. 2 has no objection, if the proceedings in the aforesaid case are quashed. 7. In view of the facts and circumstances of the case, the applicants and opposite party no. 2 do not want to pursue the case any further as stated by them. The matter has been mutually settled between the parties, therefore, no useful purpose would be served in proceeding with the matter further. 8. Thus in view of the well settled principle of law as laid down by the Hon'ble Apex Court in the matters of Krishnappa & Ors. vs. State of Karnataka; 2021 0 Supreme(SC) 529, Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Ors. vs. State of Gujarat and another; 2017 9 SCC 641, B.S. Joshi Vs. State of Haryana; 2003(4) SCC 675, Nikhil Merchant Vs. Central Burea of Investigation and another; (2008) 9 Supreme Court Cases 677, Gian Singh Vs. Stated of Punjab; (2012) 10 SCC 303 and Narinder Singh & others Vs. State of Punjab and another; (2014) Supreme Today 642, the proceedings of Criminal Case No.14780 of 2023 (case crime No 239/2021 (State Vs Kapil Rastogi & Others), under sections 418, 420, 467, 468, 471 IPC at P.S Mainather, Moradabad, is hereby quashed. 9. This application under Section 482 CrPC is accordingly allowed. Order Date :- 16.4.2025 Meenu Singh Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad