Dhan Singh and Another Vs State of Upand Another — Cheating and Forgery | Allahabad HC (2025)

Dhan Singh and Another Vs State of Upand Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 21.12.2016, the cognizance order dated 12.12.2017 and the entire proceedings of Criminal Case No.14934 of 2017 (State Vs. Shiv Singh and another), arising out of Case Crime No.722/2015, under sections 420, 467, 468, 469, 471, 120B, 419 I.P.C., P.S. Shahganj, District Agra.

Issue for consideration

Whether, in view of the compromise dated 30.04.2024 between the applicants and opposite party no.2 (verified by the trial court on 30.04.2025), the charge sheet dated 21.12.2016, cognizance order dated 12.12.2017 and the entire proceedings of Criminal Case No.14934 of 2017 (Case Crime No.722/2015, under sections 420, 467, 468, 469, 471, 120B, 419 I.P.C., P.S. Shahganj, District Agra) can be quashed under Section 482 Cr.P.C.

Court's answer

Given the amicable settlement between the applicants and opposite party no.2 (which did not wish to press the case), and considering the facts, circumstances and submissions of counsel, this Court was of the considered opinion that no useful purpose would be served by prolonging the proceedings of the said criminal case.

Ratio / Principle

Accordingly, the impugned charge sheet dated 21.12.2016, the cognizance order dated 12.12.2017 and the entire proceedings of Criminal Case No.14934 of 2017 (State Vs. Shiv Singh and another, arising out of Case Crime No.722/2015, under sections 420, 467, 468, 469, 471, 120B, 419 I.P.C., P.S. Shahganj, District Agra) were quashed.

Key takeaways

The application under Section 482 Cr.P.C. was accordingly allowed.ratio¶¶16

Detailed headnote1 paragraphs

CRIMINAL LAW – QUASHING OF PROCEEDINGS ON COMPROMISE (S.482 Cr.P.C.): High Court of Judicature at Allahabad (Deepak Verma, J.; Neutral Citation 2025:AHC:117017; decided 18.7.2025) allowed Application U/S 482 No. 25052 of 2024 filed by Dhan Singh and another, and quashed the charge sheet dated 21.12.2016, the cognizance order dated 12.12.2017 and the entire proceedings of Criminal Case No.14934 of 2017 (State Vs. Shiv Singh and another), arising out of Case Crime No.722/2015 under sections 420, 467, 468, 469, 471, 120B, 419 I.P.C. of P.S. Shahganj, District Agra, pending before the Special Chief Judicial Magistrate, Agra. The applicants and opposite party no.2 had settled their private/civil dispute by compromise dated 30.04.2024; the High Court had referred the matter for verification (order dated 28.11.2024) and the trial court verified the parties and the compromise (order dated 30.04.2025). Relying on Narindra Singh v. State of Punjab (2014) 6 SCC 466, Parbatbhai Aahir v. State of Gujarat (2017) 9 SCC 641, Gian Singh v. State of Punjab (2012) 10 SCC 303 and State of M.P. v. Laxmi Narayan (2019) 5 SCC 688 — that compromise can be made even in respect of certain cognizable and noncompoundable offences — and referring to Shaifullah v. State of U.P. [2013 (83) ACC 278], the Court held that no useful purpose would be served by prolonging the proceedings and quashed them.

Neutral Citation No. - 2025:AHC:117017

Court No. - 72

Case :- APPLICATION U/S 482 No. - 25052 of 2024

Applicant :- Dhan Singh And Another Opposite Party :- State Of Upand Another Counsel for Applicant :- Gopal Das Srivastava,Prabhat Kumar Tiwari

Counsel for Opposite Party :- Uma Dutt Shukla,G.A.

Hon'ble Deepak Verma,J.

Supplementary affidavit, filed today, is taken on record.

Heard learned counsel for the applicants, learned counsel for the informant, and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 21.12.2016; cognizance order dated 12.12.2017 as well as entire proceedings of Criminal Case No.14934 of 2017, State Vs. Shiv Singh and another, arising out of Case Crime No.722/2015, under sections 420, 467, 468, 469, 471, 120B, 419 I.P.C. of Police Station Shahganj, District Agra, pending in the court of Special Chief Judicial Magistrate, Agra, in view of the compromise dated 30.04.2024 entered between the parties.

Learned counsel for the applicants submitted that applicants and opposite party no.2 have amicably settled their dispute out of the Court. Applicant approached this Hon'ble Court by filing this 482 application with prayer to quash the proceedings in terms of compromise entered between the parties, the Hon'ble Court vide order dated 28.11.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 30.04.2025 verified the parties as well as compromise application. He further submitted that applicants and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicants. He further submitted that applicants and opposite party no.2 have settled through compromise their private and civil dispute and as such opposite party no.2 does not wish to press the aforesaid case against the applicants. 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.

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.

Learned AGA submitted that both the parties have settled their dispute out of the court, hence, no reason to proceed further.

The Hon'ble Apex Court in the case of Narindra Singh and others Vs. State of Punjab, (2014) 6 SCC 466, Parbatbhai Aahir @ Parbatbhai Vs. State of Gujarat (2017) 9 SCC, 641, Gian Singh Vs. State of Punjab (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayanan (2019) 5 SCC 688, wherein Hon'ble Apex Court has categorically held that compromise can be made between the parties even in respect of certain cognizable and noncompoundable offences. Reference may also be made to the decision given by this Court in Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], in which, law expounded by the Hon'ble Apex Court in the aforesaid cases has been explained in detail.

Considering the facts and circumstances of the case, as noted herein above, and also the submissions made by learned counsel for the parties, this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

Accordingly, the impugned charge sheet dated 21.12.2016; cognizance order dated 12.12.2017 as well as entire proceedings of Criminal Case No.14934 of 2017, State Vs. Shiv Singh and another, arising out of Case Crime No.722/2015, under sections 420, 467, 468, 469, 471, 120B, 419 I.P.C. of Police Station Shahganj, District Agra, is hereby quashed.

This application under Section 482 Cr.P.C. is accordingly allowed .

Order Date :- 18.7.2025 Meenu Singh

Digitally signed by :- MEENU SINGH High Court of Judicature at Allahabad