Sanjay Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Sanjay Kumar vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashment of the charge-sheet dated 25.03.2022 and the cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No. 414 of 2022 (State Vs. Sanjay), arising out of Case Crime No. 154 of 2021, under Sections 420, 406, 506 I.P.C., P.S. Kemari, District Rampur, pending before the Judicial Magistrate, Rampur; the application under Section 482 Cr.P.C. allowed.

Issue for consideration

Whether the charge-sheet dated 25.03.2022 and the cognizance order dated 11.07.2022 in Case No. 414 of 2022 (State Vs. Sanjay), arising out of Case Crime No. 154 of 2021 under Sections 420, 406, 506 I.P.C., pending before the Judicial Magistrate, Rampur, should be quashed under Section 482 Cr.P.C. in view of the amicable settlement between the applicant and opposite party no. 2. +1 more

Court's answer

In view of the amicable settlement between the applicant and opposite party no. 2, no useful purpose would be served by prolonging the proceedings of the above mentioned case.

Ratio / Principle

Acting on the position established in the cited Supreme Court decisions that a compromise may be recognised between parties even in respect of certain cognizable and noncompoundable offences, and on the submissions of learned counsel for the parties, the Court accepted the parties' compromise as a ground for closing the prosecution.

Key takeaways

Accordingly, the impugned charge-sheet dated 25.03.2022 and the cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No. 414 of 2022 (State Vs. Sanjay), arising out of Case Crime No. 154 of 2021 under Sections 420, 406, 506 I.P.C., pending in the court of Judicial Magistrate, Rampur, were quashed.ratio¶¶13

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Deepak Verma, J.), Application U/S 482 No. 37206 of 2024, decided 15.7.2025 (Neutral Citation 2025:AHC:113904): allowed the Section 482 Cr.P.C. application and quashed the charge-sheet dated 25.03.2022 and the cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No. 414 of 2022 (State Vs. Sanjay), arising out of Case Crime No. 154 of 2021, under Sections 420, 406, 506 I.P.C., P.S. Kemari, District Rampur, pending before the Judicial Magistrate, Rampur. Basis: the applicant (Sanjay Kumar) and opposite party no. 2 had amicably settled their private and civil dispute out of court; an earlier 482 application (no. 30258 of 2023) had been disposed of on 10.10.2023 with directions to verify the parties and compromise before the court below, and the trial court verified the compromise on 16.10.2023; learned AGA submitted there was no reason to proceed further. Relying on 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 (holding that compromise is possible even in respect of certain cognizable and noncompoundable offences), and referring to Shaifullah and others Vs. State of U.P. and another [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:113904

Court No. - 72

Case :- APPLICATION U/S 482 No. - 37206 of 2024

Applicant :- Sanjay Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suneel Kumar Mishra Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicant and learned A.G.A. for the State.

The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 25.03.2022 and cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No.414 of 2022 (State Vs. Sanjay), arising out of Case Crime No.154 of 2021, under Sections 420, 406, 506 I.P.C., P.S. Kemari, District Rampur pending in the court of Judicial Magistrate, Rampur.

Learned counsel for the applicant submitted that applicant and opposite party no.2 have amicably settled their dispute out of the Court. Applicant earlier approached this Hon'ble Court by filing 482 application no.30258 of 2023 with prayer to quash the proceedings on terms of compromise entered between the parties, the Hon'ble Court vide order dated 10.10.2023 disposed of the application with the direction that parties shall appear before the court below for verification of the parties and compromise application. Trial court vide order dated 16.10.2023 verified the parties as well as compromise application through their counsels. He further submitted that applicant and opposite party no.2 compromised the matter and opposite party No.2 does not want to proceed the matter against the applicant. He further submitted that applicant 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 applicant. Opposite party no.2 is ready to withdraw the prosecution of the applicant and in view of the compromise, no fruitful purpose would be served if the prosecution is allowed to go on.

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 25.03.2022 and cognizance order dated 11.07.2022 passed by Civil Judge (S.D.)/F.T.C., Rampur in Case No.414 of 2022 (State Vs. Sanjay), arising out of Case Crime No.154 of 2021, under Sections 420, 406, 506 I.P.C., P.S. Kemari, District Rampur pending in the court of Judicial Magistrate, Rampur, are hereby quashed.

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

Order Date :- 15.7.2025 Kpy

Digitally signed by :- KAVLESHWAR PRASAD YADAV High Court of Judicature at Allahabad