Monish and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Monish and Another Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Entire proceedings of Case No. 4881 of 2023 (State Vs. Monish and another), arising out of Case Crime No. 175 of 2022, pending before C.J.M., Saharanpur — including the charge-sheet dated 15.01.2023 and cognizance/summoning order dated 04.04.2023 — quashed against applicants Monish and Rupendra Rai @ Rupendra Singh on the basis of the compromise between the parties; the application u/s 528 BNSS is allowed.

Issue for consideration

Whether the entire criminal proceedings in Case No. 4881 of 2023 (State Vs. Monish and another), arising out of Case Crime No. 175 of 2022 under Sections 420, 467, 468, 471, 120B IPC, pending before the C.J.M., Saharanpur — including the charge-sheet dated 15.01.2023 and cognizance/summoning order dated 04.04.2023 — can be quashed on the basis of the compromise arrived at between the parties, by invoking the inherent powers under Section 528 BNSS.

Court's answer

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties, by invoking the inherent powers enshrined under Section 528 BNSS; in the instant case the matter relates to a private dispute between the parties, compromise of the parties would not have an adverse impact on society, and the compromise filed before the trial court has already been verified by the court concerned.

Ratio / Principle

Considering the aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

Key takeaways

Entire impugned proceedings, including the charge-sheet and cognizance/summoning order, of Case No. 4881 of 2023 against applicants Monish and Rupendra Rai @ Rupendra Singh are hereby quashed.ratio¶9

Detailed headnote1 paragraphs

High Court of Judicature at Allahabad (Raj Beer Singh, J., decision dated October 6, 2025) — Application u/s 528 BNSS No. - 36581 of 2025 (Monish and another v. State of U.P. and another): Entire criminal proceedings of Case No. 4881 of 2023 (State Vs. Monish and another), arising out of Case Crime No. 175 of 2022, under Sections 420, 467, 468, 471, 120B IPC, P.S.- Mandi, District- Saharanpur, pending before C.J.M., Saharanpur — including the charge-sheet dated 15.01.2023 and cognizance/summoning order dated 04.04.2023 — quashed on the basis of the compromise arrived at between the parties, in exercise of the inherent powers under Section 528 BNSS. The court held that criminal proceedings may be quashed on the basis of compromise in appropriate cases; the matter related to a private dispute between the parties whose compromise had been verified by the trial Court vide order dated 20.08.2025, and whose settlement would have no adverse impact on society. Opposite party no.2 (represented by Sri Sudhir Kumar Verma, Advocate) concurred through a short counter affidavit; learned A.G.A. raised no objection. Applicants: Monish and Rupendra Rai @ Rupendra Singh. Application allowed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 36581 of 2025

Monish And Another

.....Applicant(s)

	Versus
State of U.P. and Another			.....	Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Shubham Srivastava : G.A.	Srivastava,	Sunil	Kumar

Court No. - 71

HON'BLE RAJ BEER SINGH, J.

Sri Sudhir Kumar Verma, Advocate has filed short counter affidavit along with Vakalatnama on behalf of opposite party no.2, which is taken on record.

Heard learned counsel for the applicants, 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 15.01.2023 as well as cognizance / summoning order dated 04.04.2023, of Case No. 4881 of 2023 (State Vs. Monish and another), arising out of Case Crime No.175 of 2022, under Sections 420, 467, 468, 471, 120B IPC, P.S.- Mandi, District- Saharanpur, pending in the court of C.J.M., Saharanpur on the basis of compromise arrived at between the parties.

It has been argued by the learned counsel for the applicants that matter relates to civil dispute and now both the parties have amicably settled the dispute and compromised the case. Both the parties have filed a compromise before the trial Court, which has duly been verified by the trial Court vide order dated 20.08.2025. Referring to facts of the matter, it was submitted that no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.

Learned counsel for the opposite party no.2 has also concurred with the arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and

NA528 No. 36581 of 2025

2

that the short counter affidavit of opposite party no.2 is on record, wherein it has been mentioned that the impugned proceedings may be quashed on the basis of compromise between the parties.

Learned A.G.A. has no objection if parties compromise the matter.

I have considered the submissions and perused the record.

It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise between the parties, by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, the matter relates to private dispute between the parties. If parties compromise the matter, it would not have adverse impact on society. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering aforesaid facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

In view of the aforesaid, entire impugned proceedings, including chargesheet & cognizance / summoning order, of the aforesaid case against applicants, namely, Monish & Rupendra Rai @ Rupendra Singh are hereby quashed.

The application u/s 528 BNSS is allowed .

October 6, 2025 'SP'/-

(Raj Beer Singh,J.)

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