Suraj Mal and 4 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Suraj Mal and 4 Others vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing of the entire proceedings of Case No. 7000 of 2014, State Vs. Maharam Singh and others (case crime No. 658 of 2013, sections 418, 420, 423, 120B I.P.C., Police Station Achhnera, District Agra), pending before the Additional Chief Judicial Magistrate, Court No.10, Agra.

Issue for consideration

Whether the entire proceedings of Case No. 7000 of 2014, State Vs. Maharam Singh and others, arising out of case crime No. 658 of 2013 under sections 418, 420, 423, 120B I.P.C., Police Station Achhnera, District Agra, pending before the Additional Chief Judicial Magistrate, Court No.10, Agra, may be quashed under Section 482 Cr.P.C. on the basis of the compromise settled between the applicants and opposite party no. 2 and verified by the trial court.

Court's answer

In view of the amicable settlement between the applicants and opposite party no. 2 and the submissions of learned counsel (including the AGA's concession), this Court is of the considered opinion that no useful purpose would be served by prolonging the proceedings of the above mentioned case.

Ratio / Principle

Accordingly, the entire proceedings of Case No. 7000 of 2014, State Vs. Maharam Singh and others, arising out of case crime No. 658 of 2013, under sections 418, 420, 423, 120B I.P.C., Police Station Achhnera, District Agra, pending before the Additional Chief Judicial Magistrate, Court No.10, Agra, are quashed, and the application under Section 482 Cr.P.C. is allowed.

Detailed headnote1 paragraphs

Application U/S 482 No. 34299 of 2024, High Court of Judicature at Allahabad (Deepak Verma, J.), decided 15.04.2025: Allowed. On the basis of the compromise between the applicants (Suraj Mal and 4 others) and opposite party no. 2, verified by the trial court (order dated 27.09.2024, following this Court's remand for verification of 07.08.2024), and relying on Apex Court decisions relied upon in paragraph 11 (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; State of M.P. Vs. Laxmi Narayanan, (2019) 5 SCC 688), which hold that compromise can be made between the parties even in respect of certain cognizable and noncompoundable offences, with reference also to Shaifullah and others Vs. State of U.P. and another [2013 (83) ACC 278], the Court found no useful purpose in prolonging the proceedings and quashed the entire proceedings of Case No. 7000 of 2014, State Vs. Maharam Singh and others, arising out of case crime No. 658 of 2013, under sections 418, 420, 423, 120B I.P.C., Police Station Achhnera, District Agra, pending before the Additional Chief Judicial Magistrate, Court No.10, Agra.

Neutral Citation No. - 2025:AHC:54480

Court No. - 84

Case :- APPLICATION U/S 482 No. - 34299 of 2024

Applicant :- Suraj Mal And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Yadav Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

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 entire proceedings of case No. 7000 of 2014, State Vs. Maharam Singh and others, arising out of case crime No. 658 of 2013, under sections 418, 420, 423, 120B I.P.C. Police Station Achhnera, District Agra, on the basis of compromise verify order dated 2.9.2024 between the parties pending in the court of Additional Chief Judicial Magistrate, Court No.10, Agra,

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 on terms of compromise entered between the parties, the Hon'ble Court vide order dated 07.08.2024 sent the matter to trial court for verification of the parties and compromise application. Trial court vide order dated 27.09.2024 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 entire proceedings of case No. 7000 of 2014, State Vs. Maharam Singh and others, arising out of case crime No. 658 of 2013, under sections 418, 420, 423, 120B I.P.C. Police Station Achhnera, District Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.10, Agra, is hereby quashed.

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

Order Date :- 15.4.2025 Nitin Verma

Digitally signed by :- NITIN KUMAR VERMA High Court of Judicature at Allahabad