Dheeraj Tiwari and 2 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

Dheeraj Tiwari and 2 Others vs State of U.P. and… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Application disposed of with directions: parties to appear before the Trial Court with the compromise deed and certified copy of the order within three weeks; Trial Court to verify the compromise and pass an appropriate order in accordance with law, preferably within three months; liberty to the applicants to approach the High Court again for quashing after verification; and no coercive action against the applicants till verification of the compromise.

Issue for consideration

Whether the entire proceedings and the summoning order dated 18.04.2025 in Complaint Case No. 2885 of 2019 under Sections 406, 506 IPC should be quashed in view of the compromise dated 04.11.2025 arrived at between the parties. +1 more

Court's answer

After verification, the parties will be allowed to obtain certified copies of the report and the compromise, and it will be open to the applicants to approach the High Court again for quashing of the proceedings.

Ratio / Principle

Without expressing any opinion on the merits of the case, the Court directed both the parties to appear before the Trial Court along with the compromise deed and a certified copy of the order within three weeks.

Key takeaways

The Trial Court was expected to fix a date for verification of the compromise, ensure the presence of the parties, and pass an appropriate order in accordance with law as expeditiously as possible, preferably within three months from production of a certified copy of this order; while verifying the compromise it shall also record the statements of the parties as to whether all terms and conditions of the original compromise deed have been fulfilled.ratio¶15
As interim protection, till verification of the compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.ratio¶17

Detailed headnote1 paragraphs

Quashing sought under Section 528 BNSS of proceedings in Complaint Case No. 2885 of 2019 (Arun Kumar Vs. Dheeraj and others) under Sections 406, 506 IPC, P.S. Dhampur, District-Bijnor, and of the summoning order dated 18.04.2025 passed by A.C.J.M., Court No. 03, Bijnor, on the basis of a compromise dated 04.11.2025 between the parties: HELD, disposing of the application without expressing any opinion on merits, that both parties shall appear before the Trial Court along with the compromise deed and certified copy of the order within three weeks; the Trial Court shall fix a date for verification of the compromise, ensure the parties' presence, and pass an appropriate order in accordance with law, preferably within three months, recording the statements of the parties on fulfilment of the terms of the compromise deed. Upon verification and grant of certified copies of the report and compromise, it will be open to the applicants to approach the High Court again for quashing. Till verification of the compromise, no coercive action shall be taken against the applicants.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 46316 of 2025

Dheeraj Tiwari And 2 Others

.....Applicant(s)

	Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) Counsel for Opposite Party(s)	: Ashok Kumar Mishra, Avesh Mishra : G.A.

Court No. - 80

HON'BLE NAND PRABHA SHUKLA, J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application u/s 528 BNSS has been filed to quash the entire proceedings as well as summoning order dated 18.04.2025 passed by A.C.J.M., Court No. 03, Bijnor, in Complaint Case No. 2885 of 2019 (Arun Kumar Vs. Dheeraj and others) under Sections 406, 506 IPC, Police StationDhampur, District-Bijnor, pending in the Court of A.C.J.M., Court No. 03, Bijnor in terms of compromise taken place between the parties.

Learned counsel for the applicants submits that the parties have amicably settled their disputes vide compromise dated 04.11.2025, which has been placed as Annexure No. '4' to the present application. Therefore, no useful purpose would be served in continuing the proceedings before the Court concerned and the same is not only sheer wastage of time of the Court but also abuse of process of law.

Learned A.G.A., however, submits that it is the Trial Court, which has to verify the fact as to whether the parties have entered into compromise, hence the applicants may approach the concerned Court and move an application with respect to compromise between the parties, which will be decided in accordance with law.

In view of above, without expressing any opinion on the merits of the case, both the parties are directed to appear before the Trial Court along with compromise deed as well certified copy of this order within three weeks

NA528 No. 46316 of 2025

2

from today. It is expected that Court concerned may fix a date for the verification of the compromise and after ensuring the presence of the parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, after giving opportunity of hearing to both the parties, preferably within a period of three months from the date of production of a certified copy of this order, if there is no other legal impediment. While passing the order verifying the compromise, the Court concerned shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not.

The Court in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings.

Till verification of compromise between the parties by the Court concerned, no coercive action shall be taken against the applicants in the aforesaid case.

With the aforesaid directions, this application is disposed of .

November 21, 2025 Shivani

(Nand Prabha Shukla,J.)

Digitally signed by :- SHIVANI SRIVASTAVA High Court of Judicature at Allahabad