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

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

What the court decided

AI extract

Outcome

Application neither allowed nor dismissed; adjourned with directions: parties to file a compromise application before the court concerned within two weeks for verification in accordance with law, verification report to be placed on record, certified copy fileable before this Court, trial court to send verification report to this Court; case listed for 30.10.2025; till the next date of listing no coercive action to be taken against the applicant.

Issue for consideration

Whether the entire criminal proceedings, including the charge-sheet dated 01.10.2020 and the cognizance/summoning order dated 20.09.2021 (Case No. 13131 of 2021, arising from Case Crime No. 43 of 2019, Sections 420, 504, 506 IPC), can be quashed on the basis of the parties' amicable compromise. +1 more

Court's answer

Interim protection granted: till the next date of listing, no coercive action would be taken against the applicant in the aforesaid case.

Ratio / Principle

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it, rather than by this Court directly.

Key takeaways

In case the parties appear before the court concerned and file an appropriate application for compromise within a period of two weeks from today, the same shall be verified by the court concerned in accordance with law.ratio¶13
If the said compromise is verified, a report to that effect will be prepared and the same shall be made part of the record.ratio¶16
On verification of the compromise, the parties would be allowed to obtain certified copy of the report and file the same before this Court by the next date.

Detailed headnote1 paragraphs

HIGH COURT OF JUDICATURE AT ALLAHABAD (Court No. 71) — Raj Beer Singh, J. — Application U/S 528 BNSS No. 28446 of 2025 (Arif Khan v. State of U.P. and Another), decided 11 September 2025. The applicant moved under Section 528 BNSS for quashing of entire proceedings, including charge-sheet dated 01.10.2020 and cognizance/summoning order dated 20.09.2021, of Case No. 13131 of 2021 (State Vs. Arif Khan), arising out of Case Crime No. 43 of 2019, under Sections 420, 504, 506 IPC, P.S. Izzatnagar, District Bareilly, pending before the Chief Judicial Magistrate, Bareilly, contending the matter was a private dispute amicably settled and compromised between the parties. Held: whether a compromise has taken place is best ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it. Directed that if the parties appear before the court concerned and file an appropriate application for compromise within two weeks, it shall be verified in accordance with law; if verified, a report will be prepared and made part of the record, certified copy obtainable and fileable before this Court by the next date, and the Trial court shall send the verification report to this Court. Vakalatnama of Sri Aman Kumar for opposite party no.2 taken on record; case listed for 30.10.2025; till then no coercive action against the applicant.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 28446 of 2025

Arif Khan

.....Applicant(s)

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

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Sri Aman Kumar, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.

Heard learned counsel for the applicant, learned counsel for the opposite party no.2 and learned AGA for the State.

This application under Section 528 Bharatiya Nagarik Suraksha Sanhita ( hereinafter referred to as 'BNSS ') has been filed for quashing of entire proceedings, including charge-sheet dated 01.10.2020 as well as cognizance / summoning order dated 20.09.2021, of Case No. 13131 of 2021 (State Vs. Arif Khan), arising out of Case Crime No.43 of 2019, under Sections 420, 504, 506 IPC, P.S.- Izzatnagar, District- Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly.

It has been submitted by learned counsel for the applicant that matter relates to private dispute between the parties and both the parties have amicably settled the dispute and compromised the matter hence, the impugned proceedings may be quashed on the basis of compromise.

Whether a compromise has taken place or not can best be ascertained by the court where the proceedings are pending, after ensuring the presence of the parties before it.

In view of the aforesaid, it is directed that in case the parties appear before the court concerned and file an appropriate application for compromise within a period of two weeks from today, the same shall be verified by the

NA528 No. 28446 of 2025

2

court concerned in accordance with law and if the said compromise is verified, a report to that effect will be prepared and the same shall be made part of the record and the parties would be allowed to obtain certified copy thereof and file the same before this Court by the next date. In case such a compromise is verified, the Trial court concerned shall also send the report of verification to this Court.

List this case on 30.10.2025, showing name of Sri Aman Kumar as counsel for the opposite party no.2.

It is directed that till the next date of listing, no coercive action would be taken against the applicant in the aforesaid case.

(Raj Beer Singh,J.)

September 11, 2025

'SP'/-

Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad