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

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

What the court decided

AI extract

Outcome

Interim directions only: parties to appear before the trial court on 24.09.205 for verification of the genuineness of the compromise; if verified, copy of the order and compromise to be submitted before this Court within two weeks; case listed on 29.10.2025; no coercive process against the applicant till the next date of listing. Final quashing left contingent on trial court verification.

Issue for consideration

Whether the entire criminal proceedings arising out of Case Crime No.216 of 2023, the chargesheet dated 02.01.2024 and the summoning/cognizance order dated 07.04.2025 can be quashed on the basis of the compromise arrived at between the parties, some penal sections being non-compoundable.

Court's answer

The parties are directed to appear before the trial court on 24.09.205; the trial court, after recording its satisfaction regarding the genuineness of the compromise, may proceed to verify it, and in the event it is verified, a copy of the order along with the copy of compromise is to be submitted before this Court within two weeks thereafter.

Ratio / Principle

The case is to be listed on 29.10.2025.

Key takeaways

No coercive process shall be adopted against the applicant till the next date of listing.ratio¶16

Detailed headnote1 paragraphs

Allahabad High Court (Ram Manohar Narayan Mishra, J.), September 11, 2025 — Application under Section 528 BNSS, 2023 by Arun Kumar seeking quashing of the entire proceedings arising out of Case Crime No.216 of 2023 (Sections 420, 406, 504 and 506 IPC, Police Station Lodha, District Aligarh), the chargesheet dated 02.01.2024 and the summoning/cognizance order dated 07.04.2025 passed by the Judicial Magistrate, Court No.3, Aligarh in Case No.898 of 2025, on the basis of a compromise dated 19.05.2025 filed before the Civil Judge (Junior Division), Court No.2, Aligarh, some penal sections being non-compoundable. The Court directed the parties to appear before the trial court on 24.09.205 [sic] for verification of the genuineness of the compromise; upon verification, a copy of the order and compromise was to be submitted before the High Court within two weeks; the case was listed on 29.10.2025; and no coercive process was to be adopted against the applicant till the next date of listing.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 22957 of 2025

Arun Kumar

.....Applicant(s)

Versus
State of U.P. and Another .....Opposite Party(s)
Counsel for Applicant(s) : Mrityunjay Dwivedi
Counsel for Opposite Party(s) : G.A.

Court No. - 92

HON'BLE RAM MANOHAR NARAYAN MISHRA, J.

Heard learned counsel for the applicant and learned A.G.A. for the State-respondent and perused the material available on record.

Instant application under Section 528 BNSS, 2023 has been filed by the applicant with prayer to quash the entire proceedings as well as the impugned chargesheet dated 02.01.2024 and impugned summoning/cognizance order dated 07.04.2025 passed by Judicial Magistrate, Court No.3, Aligarh in Case No.898 of 2025, under Sections 420, 406, 504 and 506 IPC, Police Station Lodha, District Aligarh, which has arisen out of Case Crime No.216 of 2023, on the basis of compromise entered between the parties and filed before court of Civil Judge (Junior Division), Court No.2, Aligarh on 19.05.2025 in said criminal case.

Learned counsel for the applicant submits that offence is triable by Magistrate, punishable maximum term of seven years imprisonment. It is not categorized as a heinous offence. The parties have settled their disputes and differences out of court and a compromise has arrived at with them, the terms thereof are reduced to writing in form of compromise. A copy whereof has been filed in the present petition as annexure No.5. Original Compromise dated 19.05.2025 has been filed on record of trial court, i.e. Court of Civil Judge (JD) Aligarh. The parties are no longer inclined to proceed with the case after entering into compromise. Therefore, necessary direction may be issued to the parties and court concerned for verification of the said compromise, as some

NA528 No. 22957 of 2025

2

penal sections are non-compoundable.

In view of the above, the parties are directed to appear before the trial court on 24.09.205. The trial court after recording its satisfaction regarding genuineness of the compromise may proceed to verify the same and in the event it is verified, a copy of the order alongwith copy of compromise submitted before this Court within two weeks, thereafter.

List this case on 29.10.2025.

No coercive process shall be adopted against the applicant, till the next date of listing.

(Ram Manohar Narayan Mishra,J.)

September 11, 2025

Ashish/-

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