Jameel Khan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

Jameel Khan Vs State of U.P. and Another — Cheating and Forgery | Allahabad HC (2026)

What the court decided

AI extract

Outcome

Quashing of the summoning order dated 07.05.2024 passed by the learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, Bulandshahr and the entire proceedings of Criminal Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and others, in terms of the settlement agreement between the parties.

Issue for consideration

Whether the summoning order dated 07.05.2024 and the entire proceedings of Criminal Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and others, ought to be quashed in view of the compromise/settlement arrived at between the parties.

Court's answer

Where parties to a criminal case have settled their grievances by compromise, the criminal case can be quashed; following the settled law laid down by the Apex Court in the six cited precedents, the present case is a good case for exercising this Court's powers under Section 482 Cr.P.C. to quash.

Ratio / Principle

The application is allowed: the summoning order dated 07.05.2024 passed by the learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, Bulandshahr and the entire proceedings of Criminal Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and others, are quashed in terms of the settlement agreement.

Detailed headnote1 paragraphs

Criminal Procedure — S. 482 Cr.P.C. — quashing of criminal proceedings on basis of compromise between parties. Application under Section 482 Cr.P.C. by Jameel Khan seeking quashing of the summoning order dated 07.05.2024 passed by the Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, Bulandshahr and the entire proceedings of Criminal Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and others, under Sections 406, 452, 323, 504 and 506 I.P.C., P.S. Kakod, District Bulandshahr. By order dated 12.09.2024 the matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad with a direction to deposit Rs. 20,000/-; mediation succeeded, and as per Mediation Centre report dated 24.04.2025 the parties entered into a compromise, opposite party no.2 acknowledging receipt of Rs. 6,00,000/- and raising no objection to quashing. Relying on B.S. Joshi (2003)4 SCC 675, Nikhil Merchant (2008) 9 SCC 677, Manoj Sharma (2008) 16 SCC 1, Gian Singh (2012) 10 SCC 303, Shaifullah 2013 (83) ACC 278 and Parbatbhai Ahir (2017) 9 SCC 641, the Court held that cases in which parties have settled their grievances can be quashed. Held: application allowed; summoning order dated 07.05.2024 and entire proceedings of Complaint Case No. 1108 of 2023 quashed in terms of the settlement agreement. (Chawan Prakash, J.; decision dated March 18, 2026.) Note: judgment para 8 contains an apparently erroneous reference to a summoning order dated 22.02.2023 of ACJM Court No. 1, Muzaffarnagar in Complaint Case No. 28516/9 of 2022 (Arun Kumar Vs. Kamal Surendra Chugha) under Section 420 I.P.C., inconsistent with the impugned order actually quashed.

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 482 No. - 28723 of 2024

Jameel Khan

.....Applicant(s)

Versus

State of U.P. and Another

.....Opposite Party(s)

Counsel for Applicant(s)	: Pankaj	Kumar	Tyagi
Counsel for Opposite Party(s)	: Ashish	Tyagi,	G.A., Kapil Tyagi

Court No. - 80

HON'BLE CHAWAN PRAKASH, J.

Heard learned Counsel for the applicant, learned A.G.A. for the State and learned Counsel for the opposite party no. 2 and perused the record.

The present application under Section 482 Cr.P.C. has been filed for quashing the impugned summoning order dated 07.05.2024 passed by the learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, Bulandshahr and entire proceedings of Criminal Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and others, under Sections 406, 452, 323, 504 and 506 I.P.C., P.S. Kakod, District Bulandshahr.

This Court, vide order dated 12.09.2024, referred the matter before the Mediation and Conciliation Centre, High Court, Allahabad with the direction that the applicant shall deposit a sum of Rs. 20,000/- at the Mediation Centre.

Learned Counsel for the applicant submits that the mediation succeeded and opposite party no.2 got Rs. 6,00,000/- from the applicant. The parties before this Court had made a request that they have entered into a compromise in this matter and have settled all the disputes between them and now they do not want to proceed with this matter.

As per report dated 24.04.2025 of Mediation Centre, parties have entered into compromise.

Learned Counsel for the opposite party no.2 submits that opposite party no.2 has received Rs. 6,00,000/- from the applicant and he has no objection

A482 No. 28723 of 2024

2

if the impugned proceedings pending against the applicant is quashed.

The law with regards to quashing of a case on the basis of settlement arrived between the parties, is well settled. The Apex Court in the cases of (1) B.S. Joshi and others Vs. State of Haryana and another: (2003)4 SCC 675; (2) Nikhil Merchant Vs. Central Bureau of Investigation : (2008) 9 SCC 677; (3) Manoj Sharma Vs. State and others: ( 2008) 16 SCC 1; (4) Gian Singh Vs. State of Punjab: (2012) 10 SCC 303; (5) Shaifullah and others Vs. State of U.P. And another: 2013 (83) ACC 278 and (6) Parbatbhai Ahir@Parbatbhai @ Bhimsinbhai Karmur and others Vs. State of Gujarat and another: (2017) 9 SCC 641 has held that the cases in which the parties have settled their grievances can be quashed.

The law is well-settled by the Apex Court on the subject matter, the present case is a good case for exercising powers by this Court to quash the summoning order dated 22.02.2023, passed by Additional Chief Judicial Magistrate, Court No. 1, Muzaffarnagar as well as entire proceedings of Complaint Case No. 28516/9 of 2022 (Arun Kumar Vs. Kamal Surendra Chugha), under Section 420 I.P.C.

Accordingly, the present application is allowed .

Hence, the summoning order dated 07.05.2024 passed by the learned Additional Civil Judge (Senior Division)/Additional Chief Judicial Magistrate, Court No. 3, Bulandshahr and entire proceedings of Criminal Complaint Case No. 1108 of 2023, Jitendra Kumar v. Jameel Khan and others, under Sections 406, 452, 323, 504 and 506 I.P.C., P.S. Kakod, District Bulandshahr, are, hereby, quashed in terms of said settlement agreement.

March 18, 2026 Vijay

(Chawan Prakash,J.)

Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad