Mahkar Singh and 4 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Mahkar Singh and 4 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of: parties to appear before the court below (learned ACJM, Court no. 6, Meerut) with a certified copy of the order; trial court expected to verify the parties and the compromise and pass appropriate order within four weeks; liberty reserved to the applicant to file a fresh Section 482 application at that stage; no coercive measures against the applicants for six weeks.

Issue for consideration

Whether the charge sheet dated 7.12.2017 and the entire proceedings of Criminal Case No. 42013 of 2017 (Case Crime No. 272 of 2017, Police Station Partapur, District Meerut) could be quashed on the basis of the out-of-court compromise between the applicants and opposite party no. 2.

Court's answer

The parties were directed to appear before the court below along with a certified copy of the order on the next date fixed.

Ratio / Principle

The trial court was expected to fix a date for verification of the parties and the compromise entered into between them and to pass an appropriate order to that effect within the next four weeks.

Key takeaways

It was left open to the applicant to file a fresh application under Section 482 Cr.P.C. at that stage for the relief sought herein.ratio¶¶10
As interim protection, no coercive measure was to be taken against the applicants for a period of six weeks.ratio¶¶12

Detailed headnote1 paragraphs

Neutral Citation 2025:AHC:87083 — High Court of Judicature at Allahabad (Court No. 84), Deepak Verma, J., Order dated 22.5.2025. APPLICATION U/S 482 No. 43362 of 2024, Mahkar Singh and 4 others v. State of U.P. and Another. The applicants sought quashing of the charge sheet dated 7.12.2017 and the entire proceeding of Criminal Case No. 42013 of 2017 (Case Crime No. 272 of 2017, under Sections 420, 467, 468, 471, 120B, 323, 504, 506 IPC, Police Station Partapur, District Meerut) on the basis of a compromise; the applicants and opposite party no. 2 are family members who settled their dispute amicably, the compromise deed being Annexure-7 and already filed before the learned ACJM, Court no. 6, Meerut; counsel for opposite party no. 2 did not dispute the correctness of the facts. The Court did not quash the charge sheet: it disposed of the application, directing the parties to appear before the court below with a certified copy of the order; the trial court was expected to fix a date for verification of the parties and the compromise and pass an appropriate order within four weeks; liberty was reserved to the applicant to file a fresh Section 482 application at that stage; and no coercive measures were to be taken against the applicants for six weeks.

Neutral Citation No. - 2025:AHC:87083

Court No. - 84

Case :- APPLICATION U/S 482 No. - 43362 of 2024

Applicant :- Mahkar Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sachin Malik Counsel for Opposite Party :- G.A.

Hon'ble Deepak Verma,J.

Heard learned counsel for the applicants; learned A.G.A. for the State and perused the material placed on record.

The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 7.12.2017 as well as entire proceeding of Criminal Case No.42013 of 2017, (State versus Mahkar Singh and Others), Case Crime No. 272 of 2017, under Sections 420, 467, 468, 471, 120B, 323, 504, 506 I.P.C, Police Station Partapur, District Meerut on the basis of compromise.

It has been contended by learned counsel for the applicants that the applicants and opposite party no. 2 are family members and have amicably settled their dispute out of court and entered into a compromise. A copy of the compromise deed entered into between the parties has been annexed as Annexure-7 to the application and the same is filed before the Trial Court, learned ACJM, Court no. 6, Meerut.

Learned counsel appearing for the opposite party no. 2 does not dispute the correctness of the facts.

Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order on the next date fixed. It is therefore expected that the trial court may fix a date for the verification of the parties; compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicant to file a fresh application U/S 482 at that stage for the relief sought herein.

In view of the above, the present application is disposed of .

For a period of six weeks, no coercive measure shall be taken against the applicants.

Order Date :- 22.5.2025 Meenu Singh

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