Shiv Kumar Shukla @ Sheel Kumar Shukla and 4 Others… — Cheating and Forgery | Allahabad HC (2025)

Shiv Kumar Shukla @ Sheel Kumar Shukla and 4 Others… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application under Section 528 BNSS allowed; entire proceeding of Case No.3606 of 2020 (State vs. Shiv Kumar Shukla & others) arising out of Case Crime No.593 of 2019, under Sections 406 and 420 I.P.C., Police Station Tanda, District Rampur quashed.

Issue for consideration

Whether the entire criminal proceeding in Case No.3606 of 2020 (State vs. Shiv Kumar Shukla & others), arising out of Case Crime No.593 of 2019 under Sections 406 and 420 I.P.C., Police Station Tanda, District Rampur, can be quashed in exercise of the inherent power under Section 528 BNSS on the basis of the compromise arrived at and verified between the parties.

Court's answer

Inherent power can be used to do real and substantial justice and can be exercised to bring criminal proceedings to an end where the parties have arrived at a settlement (following Gian Singh, B.S. Joshi and Narinder Singh).

Ratio / Principle

Where the matter is purely of a personal nature, has been mutually settled between the parties by way of compromise, and the parties do not wish to pursue the case, no useful purpose would be served in continuing the proceedings.

Key takeaways

The compromise between the parties was duly verified by the court below (report dated 01.09.2025), and the learned A.G.A. fairly conceded that the compromise had been effected and verified.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.) allowed an application under Section 528 BNSS and quashed the entire proceeding in Case No.3606 of 2020 (State vs. Shiv Kumar Shukla & others), arising out of Case Crime No.593 of 2019 under Sections 406 and 420 I.P.C., Police Station Tanda, District Rampur. Pursuant to a direction dated 06.05.2025, the court below verified the compromise between the parties (report dated 01.09.2025), and the learned A.G.A. conceded the compromise. Relying on Gian Singh v. State of Punjab (2012 AIR SCW 5333), B.S. Joshi v. State of Haryana ((2003) 3 SCC 675) and Narinder Singh v. State of Punjab ((2014) 6 SCC 466), the Court held that inherent power can be used to do real and substantial justice and to end criminal proceedings where the parties have settled; since the matter was purely of a personal nature, mutually settled, and the parties did not want to pursue it, no useful purpose would be served in continuing the proceedings.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 15574 of 2025

Shiv Kumar Shukla @ Sheel Kumar Shukla And 4 Others

ers	Versus		.....Applicant(s)
State of U.P. and Another			.....Opposite Party(s)
Counsel for Applicant(s)	: Anand Kumar, Pandey	Bhrigur	am Ji, Deo Brat
Counsel for Opposite Party(s)	: Nilesh Kumar Maurya, G.A.	Dubey,	Shashi Shekhar

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Supplementary affidavit filed on behalf of the applicants is taken on record.

Heard learned counsel for the applicants, learned A.G.A. for the State of U.P., learned counsel for the opposite party no. 2 and perused the record.

This application under Section 528 of BNSS has been filed for quashing the entire proceeding of Case No.3606 of 2020 (State vs. Shiv Kumar Shukla & others) arising out of Case Crime No.593 of 2019, under Sections 406 and 420 I.P.C., Police Station Tanda, District Rampur.

Learned counsel for the applicants submitted that the present offence is punishable with a maximum term of seven years’ imprisonment and is not categorized as a heinous offence. Inasmuch as, in light of the decision of the Hon’ble Apex Court, Sections 406 and 450 are not co-existent, and proceedings cannot be taken against a person for these two offences simultaneously in one trial.

Learned counsel for the applicant as well as opposite party No.2 jointly submitted that vide order dated 06.05.2025 a direction was given to the court below to verify the factum of compromise executed by the parties. In pursuance of the aforesaid order, learned court below had verified the

NA528 No. 15574 of 2025

2

contents of compromise.

Learned counsel for the applicant and learned counsel for opposite party no. 2 jointly submitted that the parties have entered into compromise, which has duly been verified by the court below vide report dated 01.09.2025.

Learned A.G.A. has fairly conceded that compromise has been effected between the parties and the same has duly been verified by the court below.

Hon'ble Apex Court in catena of decisions has held that inherent power can be used to do real and substantial justice as has been held in Gian Singh Vs State of Punjab, 2012 AIR SCW 5333, B.S. Joshi and others Vs State of Haryana, (2003) 3 SCC 675 and Narinder Singh Vs State of Punjab, (2014) 6 SCC 466 . Hence, inherent power can be exercised to speed up the process of ending the criminal proceedings where the settlement is arrived at between the parties.

In view of the aforesaid and the fact that parties do not want to pursue the case any further, the matter is purely of personal nature, which has been mutually settled between the parties by way of the compromise, therefore, no useful purpose would be served in proceeding with the matter further.

For the discussions made above, the present application is allowed and entire proceeding of Case No.3606 of 2020 (State vs. Shiv Kumar Shukla & others) arising out of Case Crime No.593 of 2019, under Sections 406 and 420 I.P.C., Police Station Tanda, District Rampur are hereby quashed.

(Ram Manohar Narayan Mishra,J.)

September 22, 2025

Amit

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