Allowed¶16

Mohammad Afaan Alias Affaan and 2 Others v. State of U.P. Thru. Its Addl. Secy. Home Deptt. Lko. and Another

Allahabad HC9 Apr 2026NA528/1377/2026

Case brief

AI extract

What is this about?

Quashing of criminal proceedings on compromise/settlement; Section 528 BNSS; Sections 406, 323, 506 IPC; Case Crime No.313 of 2024; Complaint Case No.840 of 2025; P.S. Kotwali Nagar, Sitapur; CJM Sitapur verification of compromise 17.02.2026; B.S. Joshi; Nikhil Merchant; Manoj Sharma; Gian Singh; Narinder Singh; charge sheet 29.11.2024; summoning order 19.05.2025; petition allowed; proceedings quashed as futile.

What did the court decide?

Quashing of the charge sheet dated 29.11.2024, the summoning order dated 19.05.2025 and the entire proceedings of Complaint Case No.840 of 2025 (arising out of Case Crime No.313 of 2024, under Sections 406, 323, 506 I.P.C., P.S. Kotwali Nagar, District Sitapur). ¶16

Mohammad Afaan Alias Affaan and 2 Others vs State of… — Cheating and Forgery | Allahabad HC (2026)

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW

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APPLICATION U/S 528 BNSS No. - 1377 of 2026

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Mohammad Afaan Alias Affaan And 2 Others

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.....Applicant(s)

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Versus

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State Of U.P. Thru. Its Addl. Secy. Home Deptt. Lko. And Another .....Opposite Party(s) Counsel for Applicant(s) : Shyamji Dixit Counsel for Opposite Party(s) : G.A.

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Court No. - 14

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HON'BLE SUBHASH VIDYARTHI, J.

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Heard Sri Shyamji Dixit, the learned counsel for the petitioners, Sri Sanjay Kumar Yadav, the learned AGA appearing on behalf of the State and Sri Amit Kumar Pathak, Advocate and Sri Pramendra Kumar, Advocate who have put in appearance on behalf of the opposite party no.2 and filed their vakalatnama, which is taken on record.

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This petition has been filed under Section 528 BNSS seeking quashing of the charge sheet dated 29.11.2024, summoning order dated 19.05.2025 along with entire proceedings of Complaint Case No.840 of 2025: State Vs. Mohammad Affan and others, arising out of Case Crime No.313 of 2024, under Sections 406, 323, 506 I.P.C. registered at Police Station Kotwali Nagar, District Sitapur, pending in the court of learned Chief Judicial Magistrate, Sitapur.

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Learned counsels for the parties submit that they have settled their dispute amicably outside the Court and they have arrived at the compromise. A copy of the compromise entered into between the parties have been placed on record as Annexure-4 to the petition. The learned counsel for the parties have confirmed the terms of the compromise. Compromise has been verified between the parties by Jlearned Chief Judicial Magistrate, Sitapur vide order dated 17.02.2026 in compliance of the order dated 18.12.2025 passed by this Court in Application u/s 528 BNSS No.2225 of 2025.

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I have considered the submissions of learned counsel for the parties.

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NA528 No. 1377 of 2026

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Considering the ratio laid down by the Supreme Court in the cases of B. S. Joshi and others versus State of Haryana and another :(2003) 4 SCC 675 , Nikhil Merchant versus C.B.I. and another : (2008) 9 SCC 677, Manoj Sharma versus State and others : (2008) 16 SCC 1 , Gian Singh versus Station of Punjab: (2010) 15 SCC 118 and Narinder Singh and others versus State of Punjab and another: (2014) 6 SCC 466 , it would be appropriate in the facts and circumstances of the case to quash the criminal proceedings as continuance of the proceedings in pursuance of the criminal proceedings would be an exercise in futility.

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In view of the fact that the parties have settled their dispute outside the Court by way of compromise arrived at between the parties and law laid down by the Supreme Court of India, the present petition is allowed and the charge sheet dated 29.11.2024, summoning order dated 19.05.2025 along with entire proceedings of Complaint Case No.840 of 2025: State Vs. Mohammad Affan and others, arising out of Case Crime No.313 of 2024, under Sections 406, 323, 506 I.P.C. registered at Police Station Kotwali Nagar, District Sitapur, pending in the court of learned Chief Judicial Magistrate, Sitapur are hereby quashed.

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April 9, 2026 Ram.

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(Subhash Vidyarthi,J.)

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Digitally signed by :- RAM SINGH High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Afaan Alias Affaan and 2 Others v. State of U.P. Thru. Its Addl. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

Mohammad Afaan Alias Affaan and 2 Others v. State of U.P. Thru. Its Addl. Secy. Home Deptt. Lko. and Another

Case brief

What is this about?

What did the court decide?

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What the court decided

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