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

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

What the court decided

AI extract

Outcome

Quashing of the charge sheet dated 5.9.2024, the summoning/cognizance order dated 07.10.2024 and the entire criminal proceedings of Criminal Case No.14530 of 2024 arising out of Case Crime no.0806 of 2023, under sections 420, 467, 468, 471, 506 & 120-B IPC, Police Station Hapur Nagar, District Hapur, pending before the Chief Judicial Magistrate, Hapur.

Issue for consideration

Whether the charge sheet dated 5.9.2024, the summoning/cognizance order dated 07.10.2024 and the entire criminal proceedings of Criminal Case No.14530 of 2024 (arising out of Case Crime no.0806 of 2023, under sections 420, 467, 468, 471, 506 & 120-B IPC) should be quashed in view of the amicable settlement/compromise between the parties, the opposite party no.2 not wishing to proceed.

Court's answer

The parties settled their dispute amicably; the compromise application was verified by the trial court vide order dated 18.02.2026 and its report was sent to and kept on record by this Court.

Ratio / Principle

Considering the dictum of the Apex Court in the cited precedents (B.S. Joshi; Gian Singh; Shambhu Kewat; Deepak; Manish; J.Ramesh Kamath; Rajveer Singh; Parbatbhai Ahir) and the fact that the opposite party no.2 does not wish to proceed, the charge sheet dated 5.9.2024, the summoning/cognizance order dated 07.10.2024 and the entire criminal proceedings of Criminal Case No.14530 of 2024 arising out of Case Crime no.0806 of 2023 are quashed.

Key takeaways

The instant application under Section 528 BNSS is allowed.ratio¶22

Detailed headnote1 paragraphs

Allahabad High Court (Praveen Kumar Giri, J.) allowed an application under Section 528 BNSS and quashed the charge sheet dated 5.9.2024, the summoning/cognizance order dated 07.10.2024 and the entire criminal proceedings of Criminal Case No.14530 of 2024 (arising out of Case Crime no.0806 of 2023, under sections 420, 467, 468, 471, 506 & 120-B IPC, P.S. Hapur Nagar, District Hapur, pending before the CJM, Hapur). The parties had settled their dispute amicably and filed a compromise application dated 28.05.2025 before the trial court; this Court by order dated 12.02.2026 had referred the compromise for verification, and the trial court verified it vide order dated 18.02.2026, its report being kept on record. Opposite party no.2 stated he did not wish to proceed with the criminal proceedings. Relying on the Apex Court dicta in B.S. Joshi (2003) 4 SCC 675, Gian Singh (2012) 10 SCC 303, Shambhu Kewat (2014) 4 SCC 149, Deepak (2014) 10 SCC 285, Manish (2015) 8 SCC 307, J.Ramesh Kamath (2016) 12 SCC 179, Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir (2017) 9 SCC 641, the Court quashed the proceedings and allowed the application (decision dated March 18, 2026).

HIGH COURT OF JUDICATURE AT ALLAHABAD

APPLICATION U/S 528 BNSS No. - 11098 of 2025

Pooja Goswami And Another

.....Applicant(s)

Versus
State of U.P. and Another	.....Opposite Party(s)
Counsel for Applicant(s) : Counsel for Opposite Party(s) :	Ashish Kumar Singh Deepak Rana, G.A.
Court No.- 77

HON'BLE PRAVEEN KUMAR GIRI, J.

Heard Sri Maan Singh, learned counsel holding brief of Sri Ashish Kumar Singh, learned counsel for the applicant/wife and Sri Deepak Rana, learned counsel for the applicants O.P. No.2.

Learned counsel for the applicants submits that he has filed the instant application under Section 482 Cr.P.C. with the relief which has been mentioned in the prayer clause of the application.

The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to allow the present application and to quash the charge sheet dated 5.9. 2024 and summoning as well as cognizance order dated 07.10.2024 and entire criminal proceedings of Criminal Case No.14530 of 2024 arising out of Case Crime no.0806 of 2023, under section 420, 467, 468, 471, 506 & 120-B of IPC, Police Station Hapur Nagar, District Hapur, pending in the Court of learned Chief Judicial Magistrate, Hapur.

It is further prayed that this Hon'ble Court may graciously be pleased to stay the charge sheet dated 5.9.2024 and summoning as well as cognizance order dated 07.10.2024 and entire criminal proceedings of Criminal Case No.14530 of 2024 arising out of Case Crime no.0806 of 2023, under section 420, 467, 468, 471, 506 & 120-B of IPC, Police Station Hapur Nagar, District Hapur, pending in the Court of learned Chief Judicial Magistrate, Hapur and/or pass such other and further order, which this Hon'ble Court

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may deem fit and proper in the facts and circumstances of the case."

The parties, out of their own free will, have settled their dispute amicably and in furtherance thereof, they have filed a compromise application dated 28.05.2025 before the concerned trial court. Thereafter, this Court, vide order 12.02.2026, has directed the parties to appear before the concerned trial court for verification of the compromise application with a direction to the trial court to verify the compromise application in presence of both the parties and submit a report to this Court.

Learned counsel for the parties have not disputed the fact that the parties have settled their dispute amicably and they have filed compromise application before the trial court, which has been verified by the trial Court, vide order dated 18.02.2026 and its report has also been sent to this court, which is kept on record.

In the present case, the sections involved are Section 420, 467, 468, 471, 506 & 120-B of IPC.

Learned counsel for the opposite party no.2 has submitted that the O.P. No.2 does not want to proceed with the impugned criminal proceedings.

Therefore, in view of the above and considering the dictum of the Apex Court in re: B.S. Joshi and others Vs. State of Haryana and Another; 2003 (4) SCC 675, Gian Singh vs. State of Punjab (2012) 10 SCC 303; State of Rajasthan vs. Shambhu Kewat, (2014) 4 SCC 149; State of Madhya Pradesh vs. Deepak (2014) 10 SCC 285; State of Madhya Pradesh vs. Manish (2015) 8 SCC 307; J.Ramesh Kamath vs. Mohana Kurup (2016) 12 SCC 179; State of Madhya Pradesh vs. Rajveer Singh (2016) 12 SCC 471 and Parbatbhai Ahir vs. State of Gujarat (2017) 9 SCC 641 , the charge sheet dated 5.9. 2024 and summoning as well as cognizance order dated 07.10.2024 and entire criminal proceedings of Criminal Case No.14530 of 2024 arising out of Case Crime no.0806 of 2023, under section 420, 467, 468, 471, 506 & 120-B of IPC, Police Station Hapur Nagar, District Hapur, pending in the Court of learned Chief Judicial Magistrate, Hapur are hereby quashed.

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Accordingly, the instant application is allowed.

March 18, 2026 SFH

(Praveen Kumar Giri,J.)

Digitally signed by :- SYED FAHIM HUSAIN High Court of Judicature at Allahabad