Sunny Sharma and 2 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

Sunny Sharma and 2 Others Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Dismissed

Issue for consideration

Whether the entire criminal proceedings of Case No.145 of 2023 (State v. Sunny Sharma and others), arising from Case Crime No.0286 of 2022, including the cognizance/summoning order dated 05.01.2023, the order dated 10.03.2023, the charge dated 07.12.2023 and the charge sheets, can be quashed on the basis of the compromise dated 10.12.2024 between the applicants and the victim. +1 more

Court's answer

The proceedings cannot be quashed on the basis of the compromise: the allegations against the applicants are serious in nature — they committed online fraud on the informant's account, withdrawing Rs.30,000 on different dates, by creating a false Aadhaar card and other documents — hence no case for quashing the entire proceedings is made out.

Ratio / Principle

The applicants' submissions call for determination on questions of fact which may be adequately adjudicated upon only by the trial court; adjudication of questions of fact and appreciation of evidence, or examining the reliability and credibility of the version, does not fall within the arena of jurisdiction under Section 482 Cr.P.C.

Key takeaways

On the material on record, the impugned criminal proceedings cannot be held to be manifestly attended with mala fide or maliciously instituted with an ulterior motive, and no illegality, perversity or other substantial error could be pointed out in the impugned summoning order so as to warrant interference by this court in the exercise of powers under Section 482 Cr.P.C.ratio¶13

Detailed headnote1 paragraphs

Allahabad High Court (Vinod Diwakar, J.; Order Date 20.2.2025) dismissed an application under Section 528 BNSS seeking quashing of the entire proceedings of Case No.145 of 2023 (State v. Sunny Sharma and others), arising from Case Crime No.0286 of 2022, P.S. Kalwari, District Basti, under Sections 419, 420, 467, 468, 471 and 34 I.P.C. and 66-B, 66-C, 66-D I.T. Act — including the cognizance/summoning order dated 05.01.2023 (Additional Chief Judicial Magistrate-III, Basti), order dated 10.03.2023 (Civil Judge (S.D.) F.T.C., Basti), charge dated 07.12.2023 (Chief Judicial Magistrate, Basti) and charge sheets dated 11.12.2022, 29.10.2023 and 06.03.2023 — on the basis of a compromise dated 10.12.2024 between the applicants and the victim. The court held that the allegations are serious in nature (online fraud on the informant's account, Rs.30,000 withdrawn on different dates, using a false Aadhaar card and other documents), so the proceedings cannot be quashed on compromise; that adjudication of questions of fact and appreciation of evidence falls outside Section 482 Cr.P.C. jurisdiction and belongs to the trial court; and that neither mala fide nor any illegality, perversity or substantial error in the summoning order was demonstrated warranting interference.

Neutral Citation No. - 2025:AHC:25684

Court No. - 76

Case :- APPLICATION U/S 528 BNSS No. - 5568 of 2025

Applicant :- Sunny Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Prakash Rawat Counsel for Opposite Party :- G.A.

Hon'ble Vinod Diwakar,J.

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

The instant application has been preferred with the prayer to quash the entire proceeding of Case No.145 of 2023, titled State v. Sunny Sharma and others, including the cognizance/summoning order dated 05.01.2023 passed by Additional Chief Judicial Magistrate-III, Basti as well as order dated 10.03.2023 passed by Civil Judge (S.D.) F.T.C. Basti and charge dated 07.12.2023 passed by Chief Judicial Magistrate, Basti and charge sheet dated 11.12.2022, 29.10.2023 and 06.03.2023 in Case Crime No.0286 of 2022, under Sections 419, 420, 467, 468, 471 and 34 I.P.C. and 66-B, 66-C, 66-D I.T. Act, P.S. Kalwari, District Basti, pending in the court of Chief Judicial Magistrate, Basti, on the basis of compromise dated 10.12.2024.

Learned counsel for the applicants submits that the applicant is innocent and he has been falsely implicated in the instant case. The applicants are not named in the F.I.R. The F.I.R. has been registered against unknown person. He next submits that the dispute between the parties has been

settled and the matter has been compromised, therefore, the aforesaid proceedings may be quashed based on compromise entered into between the applicants and the victim.

Per contra , learned A.G.A. has opposed the application and states that the allegations against the applicants are serious in nature and the matter pertains to online fraud. By creating forged and fictitious documents and aadhar card the applicants have committed the offence which satisfies the ingredients of Sections 419, 420, 467, 468, 471 and 34 I.P.C. and 66-B, 66-C, 66-D I.T. Act, therefore, the prayer for quashing the aforesaid proceedings is liable to be dismissed.

After hearing learned counsel for the applicant, learned A.G.A. for the State and having perused the material available on record, its prima facie observed that the allegations levelled against the applicants are serious in nature as the applicants have committed online fraud with the account of the informant and withdrawn Rs.30,000 from the account of informant in different dates. The alleged offence has been committed by creating false aadhar card and other documents. Therefore, based on compromise, the aforesaid proceedings of the present case cannot be quashed. Hence, no case of quashing the entire proceedings is made out.

So far as the submissions raised by learned counsel for the applicant are concerned, it call for determination on questions of fact which may be adequately adjudicated upon

only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this court in the exercise of powers u/s 482 Cr.P.C.

The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed .

Order Date :- 20.2.2025 Jitendra

Justice Vinod Diwakar

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