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

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

What the court decided

AI extract

Outcome

Trial Court directed to pass an appropriate order on the compromise application dated 15.02.2020 within four weeks; interim protection that no coercive action be taken against the applicant for four weeks or till the Trial Court decides the compromise application, whichever is earlier; copy of the order to be transmitted to the Trial Court for compliance.

Issue for consideration

Whether the entire proceedings in Complaint Case No. 403 of 2016 (Salim Vs. Shameena), under S. 406 I.P.C., including the summoning order dated 17.01.2017, pending before the Additional Chief Judicial Magistrate, Court No.05, Agra, should be quashed. +1 more

Court's answer

In view of the facts and circumstances (amicable settlement between the parties and the compromise application dated 15.02.2020 lying un-decided before the Trial Court), the High Court did not itself quash the proceedings but directed the Trial Court to pass an appropriate order on the compromise application dated 15.02.2020 within four weeks.

Ratio / Principle

No coercive action shall be taken against the applicant for a period of four weeks from the date of the order, or until the Trial Court decides the compromise application, whichever is earlier (the latter application is printed in the judgment as 'dated 15.02.2023').

Detailed headnote1 paragraphs

Allahabad High Court (Raj Beer Singh, J.), Order dated 21.3.2025, in APPLICATION U/S 528 BNSS No. 9083 of 2025 (Shameena v. State of U.P. and Another). The applicant sought quashing of the entire proceedings, including the summoning order dated 17.01.2017, of Complaint Case No. 403 of 2016 (Salim Vs. Shameena) under Section - 406 I.P.C., P.S. Sadar Bazar, District Agra, pending before the Additional Chief Judicial Magistrate, Court No.05, Agra. She and opposite party No. 2 had several matrimonial-dispute and maintenance cases which they amicably settled; her withdrawal and compromise application dated 15.02.2020 remained un-decided by the Trial Court, and warrants were later issued although she believed the case stood decided on compromise. Learned A.G.A. submitted that the parties may pursue the compromise before the Trial Court. The High Court directed the Trial Court to pass an appropriate order on the compromise application dated 15.02.2020 within four weeks, and ordered that no coercive action be taken against the applicant for four weeks or till that decision, whichever is earlier (the protective clause prints the compromise application as 'dated 15.02.2023'). The application under Section - 528 BNSS was disposed of accordingly, with a copy transmitted to the Trial Court.

Neutral Citation No. - 2025:AHC:41493

Court No. - 71

Case :- APPLICATION U/S 528 BNSS No. - 9083 of 2025

Applicant :- Shameena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kuldeep Singh Chahar Counsel for Opposite Party :- G.A.

Hon'ble Raj Beer Singh,J.

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

This application u/s 528 BNSS has been filed for quashing of the entire proceedings, including summoning order dated 17.01.2017 of Complaint Case No. 403 of 2016 (Salim Vs. Shameena), under Section - 406 I.P.C., Police Station - Sadar Bazar, District - Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.05, Agra.

It is submitted by learned counsel for the applicant that applicant is wife of opposite party No.2 and there were several cases of matrimonial dispute and maintenance between them. However, later on both the parties have amicably settled all the disputes and compromised the cases. It was submitted that the cases lodged by the applicant were withdrawn by her and a compromise application was filed in the aforesaid case before the Trial Court on 15.02.2020. The applicant was under impression that the said case has been decided on the basis of compromise but later on warrants were issued against her and she came to know that the opposite party No.2 is pursuing the aforesaid case. The certified copy of the compromise application dated 15.02.2020 is on record. It was submitted that no order has been passed by the

Trial Court on application dated 15.02.2020, which was filed to decide the case on the basis of compromise.

Learned A.G.A. has opposed the application and submitted that both the parties may pursue the compromise filed before the Trial Court.

I have considered the rival submissions and perused the record.

In view of aforesaid facts and circumstances, the Trial Court is directed to pass an appropriate order on compromise application dated 15.02.2020 within a period of four weeks from today. It is further directed that for a period of four weeks from today or till the Trial Court decides the compromise application dated 15.02.2023, whichever is earlier, no coercive action shall be taken against the applicant.

The application under Section - 528 BNSS is disposed of accordingly.

A copy of this order be transmitted to the Trial Court concerned for necessary compliance.

Order Date :- 21.3.2025 S Rawat

Digitally signed by :- SHOBHIT RAWAT High Court of Judicature at Allahabad