Rajeev Kumar v. State of U.P. and Another

Allahabad HC8 Jul 2025NA528/8299/2025

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on basis of compromise; inherent powers under Section 528 BNSS; Application U/S 528 BNSS No. 8299 of 2025; Case No. 12470 of 2023 (State v. Rajeev Kumar); Case Crime No. 287 of 2018; Sections 420, 467, 468, 471, 120-B IPC; P.S.- Chilkana, District- Saharanpur; charge-sheet dated 18.02.2019; cognizance order dated 21.02.2019; dispute essentially civil relating to payment of money; compromise verified vide order dated 01.04.2025 pursuant to High Court order dated 24.03.2025; informant unwilling to pursue proceedings; no criminal antecedents; application allowed; entire proceedings against Rajeev Kumar quashed.

What did the court decide?

Entire impugned proceedings, including charge-sheet and cognizance/summoning order, of Case No. 12470 of 2023 against applicant Rajeev Kumar quashed. ¶¶15

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

What the court decided

AI extract

Outcome

Entire impugned proceedings, including charge-sheet and cognizance/summoning order, of Case No. 12470 of 2023 against applicant Rajeev Kumar quashed.

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Issue for consideration

Whether the entire criminal proceedings in Case No. 12470 of 2023 (State v. Rajeev Kumar), including the charge-sheet dated 18.02.2019 and cognizance order dated 21.02.2019, arising out of Case Crime No. 287 of 2018, may be quashed on the basis of the compromise arrived at between the parties by invoking the inherent powers under Section 528 BNSS.

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Court's answer

In appropriate cases, criminal proceedings may be quashed on the basis of compromise by invoking the inherent powers enshrined under Section 528 BNSS.

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Ratio / Principle

Since the dispute essentially relates to payment of money between the parties, its compromise would have no adverse impact on society, the informant does not want to pursue the impugned proceedings, there is nothing to indicate any criminal antecedents of the parties, and the compromise filed before the trial court has already been verified by the court concerned, it is in the interest of justice that the impugned proceedings be quashed.

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Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), by order dated 9.7.2025, allowed an application under Section 528 BNSS (Application U/S 528 BNSS No. 8299 of 2025) filed by Rajeev Kumar praying for quashing of the entire proceedings, including charge-sheet dated 18.02.2019 and cognizance order dated 21.02.2019, of Case No. 12470 of 2023 (State v. Rajeev Kumar), arising out of Case Crime No. 287 of 2018 under Sections 420, 467, 468, 471, 120-B of IPC, P.S.- Chilkana, District- Saharanpur, pending before Judicial Magistrate-II, Saharanpur. Holding that in appropriate cases criminal proceedings may be quashed on the basis of compromise by invoking the inherent powers under Section 528 BNSS, and noting that the dispute essentially related to payment of money and was civil in nature, the parties had amicably settled and compromised, the compromise had been verified by the court concerned vide order dated 01.04.2025 in pursuance of this Court's order dated 24.03.2025, the informant did not wish to pursue the proceedings, there was nothing to indicate criminal antecedents, and quashing would have no adverse impact on society, the Court quashed the entire impugned proceedings, including the charge-sheet and cognizance/summoning order, against the applicant.

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Neutral Citation No. - 2025:AHC:109609

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Court No. - 71

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Case :- APPLICATION U/S 528 BNSS No. - 8299 of 2025

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Applicant :- Rajeev Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Mishra Counsel for Opposite Party :- Amitesh Kumar Srivastava,G.A.

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Hon'ble Raj Beer Singh,J.

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Supplementary affidavit filed on behalf of the applicant today in Court is taken on record.

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

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This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including charge-sheet dated 18.02.2019 as well as cognizance order dated 21.02.2019, of Case No. 12470 of 2023 (State v. Rajeev Kumar), arising out of Case Crime No. 287 of 2018, under Sections 420, 467, 468, 471, 120-B of IPC, P.S.- Chilkana, District- Saharanpur, pending in the court of Judicial Magistrate-II, Saharanpur, on the basis of compromise arrived at between the parties.

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It has been argued by the learned counsel for the applicant that First Information Report of this case was lodged by the opposite party no.2 due to misconception and that now both the parties have amicably settled the dispute and compromised the case. Essentially, the dispute relates to payment of money, which is civil in nature and the informant of the case does not want to pursue the impugned proceedings. In pursuance of order dated 24.03.2025, passed by this Court, both the parties have filed compromise

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before the court concerned, which has duly been verified vide order dated 01.04.2025, the certified copy of the same is available on record. It was submitted that in view of aforesaid facts and circumstances, 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.

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Learned counsel for the opposite party no.2 has concurred with the arguments of learned counsel for the applicant and submitted that both the parties have amicably settled the dispute and compromised the matter and the informant of this case does not want to proceed with the case pending before the trial court and thus, the impugned proceedings may be quashed.

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

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I have considered the submissions and perused the record.

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It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise by invoking inherent powers enshrined under Section 528 BNSS. In the instant case, essentially the dispute relates to payment of money between the parties. If parties compromise the matter, it would not have adverse impact on society. The informant of the case does not want to pursue the impugned proceedings. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.

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In view of the aforesaid, the entire impugned proceedings, including charge-sheet & cognizance / summoning order, of the aforesaid case, against applicant, namely, Rajeev Kumar are hereby quashed.

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The application u/s 528 BNSS is allowed .

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Order Date :- 9.7.2025 Rama Kant

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Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad

Rajeev Kumar v. State of U.P. and Another

Case brief

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Rajeev Kumar v. State of U.P. and Another

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