Allahabad High Court
SAZIDA BEGHAM AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- MADAN PAL SINGH
Holding
The Court held that the criminal proceedings are to be quashed as the parties have settled their dispute, and such compromise is permissible even for non‑compoundable offences in the interest of justice.
Summary
The applicants filed an application under Section 482 of the CrPC seeking quash of Criminal Case No. 29936 of 2023 (State vs. Smt. Sajida Begum & Another), which involved offences under Sections 420, 467, 468, 471, 406, 506 and 120‑B IPC. During the pendency of the application the parties entered into a compromise, paying Rs. 1.40 crore and filing a joint affidavit confirming the settlement and their wish to withdraw all pending criminal and civil proceedings. The Court examined Supreme Court precedents allowing compromise even for non‑compoundable offences and held that continuing the prosecution would serve no useful purpose. Accordingly, the Court quashed the criminal proceedings and allowed the appeal, without awarding costs. It also directed that the parties may seek withdrawal of related pending matters in other forums.
Issues considered
- Whether a criminal proceeding involving non‑compoundable offences can be quashed on the basis of a settlement between the parties.
- Whether the compromise entered into by the parties is permissible under the provisions of the CrPC and relevant Supreme Court jurisprudence.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 359, 482, 528
Subjects
- compromise
- quash of criminal proceedings
- non‑compoundable offences
- Criminal Procedure Code
- Section 482
- settlement
- high court
- criminal law
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 30098 of 2024
Sazida Begham And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ansar Ahmad, Kamlesh Kumar Mishra,
Mainuddin Ahamad, Nanhe Lal Tripathi,
Raj Kumar Mishra, Rajiv Kumar Mishra
Counsel for Opposite Party(s) : Araf Khan, G.A., Lihazur Rahman Khan
Court No. - 81
HON'BLE MADAN PAL SINGH, J.
1. Pursuant to the order passed earlier by this Court i.e. 18th September,
2026, Applicant nos. 1 and 2, namely, Sazida Begham and Nafees Khan
Mansoori are present, their signatures and photograph have also been verified
on the order-sheet by their counsel Mr. Ansar Ahmad, Advocate. Mr. Aarar
Ahamad i.e. opposite party no.2/informant and his son Arafat Ahmad are also
present, whose signatures and photograph have also been verified by their
Counsel, namely, Mr. L.R. Khan, Advocate. Today, both the parties have also
filed a joint affidavit for final settlement under Section 359 B.N.S.S. in the
Court today which is taken on record.
2. Heard Mr. Ansar Ahmad, learned counsel for the applicant, Mr. L.R. Khan,
learned counsel for opposite party no.2 and the learned Additional
Government Advocate for the State as well as perused the entire material
available on record.
3. This application under Section 528 B.N.S.S. has been filed with the prayer
to quash the cognizance/summoning order dated 21st July, 2023 as well as
the entire proceedings of Criminal Case No. 29936 of 2023 (State Vs. Smt.
Sajida Begum & Another), arising out of Case Crime No. 289 of 2022 under
Sections 420, 467, 468, 471, 406, 506 and 120-B I.P.C., Police Station-
Knowledge Park, District-Greater Noida (Commissionerate Gautam Budh
Nagar) pending in the Court of Chief Judicial Magistrate, Gautam Budh Nagar.
4. During the pendency of the present criminal application, both the parties
have decided to enter into compromise so entered into between them and in
connection with the same the applicants have paid Rs. 1,40,00,000/- (Rupees
one cror and forty lakhs only) in two strokes i.e. Rs. 50 lakhs and Rs. 90 lakhs,
details of which have been mentioned on the order-sheet.
A482 No. 30098 of 2024
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5. Today both the parties who are present before this Court, firmly inform the
Court that both parties have resolved their differences and reached a
compromise; consequently, we are filing a joint affidavit today regarding this
matter. There are no outstanding financial claims or dues between us. We
have also decided to withdraw the criminal and civil cases filed against each
other. We wish to live peacefully and, therefore, request this Court to
terminate these criminal proceedings as well. Learned counsel for the
applicants and learned counsel for opposite party no.2 are also agree with the
aforesaid statements given by their respective clients and they have also no
objection, if the present criminal proceedings are quashed. Learned A.G.A. for
the State also supports the same.
6. It is necessary for this Court to refer the contents and terms and conditions
mentioned in the joint affidavit for final settlement filed in the Court today,
which are quoted here-under:
"WE, the deponents abovenamed do hereby jointly solemnly affirm and state
on oath as under:
1. THAT this is the Joint Affidavit of abovenoted deponents, before this
Hon'ble court,whose photographs are affixed hereinabove and whose Adhar
Cards Number being 7291 8624 8682 (Sajida Begum); 8328 2151 8242
(Nafees Khan Mansuri) and 9932 3961 5789 (Abrar Ahmad) and 9981 5636
5221 (Arafat Ahmed) respectively as such they are fully acquainted with the
facts deposed to below.
2. THAT on 06.07.2026, this Hon'ble Court have been pleased to allow both
the parties for amicable final settlement between them for Rs.1,40,00,000.00
(One Crore and Forty Lakhs)in two strokes payment, first stroke on
21.07.2026 for payment of Rs.50,00,000.00 (Fifty Lakhs)through Demand
Draft and second one on 05.08.2026 for Rs.90,00,000.00 (Ninety Lakhs) by
Demand Drafts to be purchased by Sajida Begum for Abrar Ahmed.
3. THAT Ld. Counsel ANSAR AHMAD for Sajida Begum and Nafees Khan
Mansoori and Ld. Counsels ARAF KHAN and LIHAZUR RAHMAN KHAN for
Abrar Ahmed and Arafat Ahmed have identified and verified their respective
parties/compromise to the amicable final settlement voluntarily with free will,
without fear,pressure, coercion or undue influence.
4. THAT on 21.07.2026 Sajida Begum handed over an D.D.No.510769 dated
18.07.2026 for Rs.50,00,000.00 (Fifty Lakhs) and on 18.09.2026 an
D.D.No.510788 dated 17.09.2026 for Rs.90,00,000.00(Ninety Lakhs) of YES
BANK to Ld.Counsel L.R. Khan for Abrar Ahmed before this Hon'ble High
Court in the name of Abrar Ahmed in whose PNB Account
No.0149000100224782 the said D.Ds. were credited.Abrar Ahmed and
Parveen Ahmed have joint A/Cs.No.0149000100282096 and
A482 No. 30098 of 2024
3
0149000100224782 in PNB at 35 A/B,Khan Market, Delhi-110003.
5. THAT this final amicable settlement has been arrived at between both the
Ld.Counsels Ansar Ahmad and Lihazur Rahman Khan after seeking
instructions from their respective parties on 06.07.2026 to which parties shall
abide and adhere to and Abrar Ahmed AGREES RAISING NO OBJECTION if
this Hon'ble Court pleases to allow the above noted cases quashing the
Criminal Proceedings thereof pending before the Courts below.
6. THAT Abrar Ahmed,being father/assignee/nominee of Arafat Ahmed in
whose name agreement to sell dated 1/8.06.2022,was executed by Sajida
Begum,was granted Transfer Memo dated 08.07.2022 by GREATER NOIDA
INDUSTRIAL DEVELOPMENT AUTHORITY,Gautam Buddh Nagar
(U.P)which was expired for non-execution of sale deed within time with regard
to Plot No.T-5,Village-Tugalpur/ Haldona,K.P-I,Village Abadi) admeasuring an
area of 624.60 sq.mtr. Greater NOIDA, G.B. Nagar which is leasehold
property of Smt.Sajida Begum and the owner being GNIDA,G.B.Nagar
thereof.
7. THAT Abrar Ahmed not presses T.M.dated 08.07.2022 in his name from
GREATER NOIDA INDUSTRIAL DEVELOPMENT AUTHORITY, Gautam
Budha Nagar with regard to aforesaid property having NO OBJECTION to
delete his name from the rolls of GNIDA, G.B.Nagar with no indemnity and will
observe formalities as per rules of GNIDA in terms of compromise and Abrar
Ahmed will deliver the possession, quitting/ foregoing his claim over the
aforesaid disputed property forthwith after this Hon'ble Court allows this
Compromise Deed.
8. THAT the following cases, including cases as of today,which are pending
between the parties in different forums, the respective party/parties shall Not
Press/Withdraw/Observe Legal Formalities as required before the court
concerned by an Application annexing this Affidavit,if required, which shall
form part of that Application to dispose of that case to secure the ends of
jutice, in terms of final settlement having been arrived at between the parties
through this Affidavit, as given hereinafter-
A. Criminal Misc.Application No.30098 of 2024, Sajida Begum and Nafees
Khan Mansoori Vs.State of Uttar Pradesh Abrar Ahmed - pending before this
Hon'ble court.
B. Criminal Revision No.1149 of 2025,Sajida Begum and Nafees Khan
Mansoori Vs. State of Uttar Pradesh and Abrar Ahmed- pending before this
Hon'ble court.
C. Complaint Case No.672 of 2025,Nafees Khan Mansoori Vs.Abrar Ahmed
and Ors under Section 173(4),BNSS,Police Station-Beeta-2,District- Gautam
Buddh Nagar- pending before the Court of ACJM-I,Gautam Budhh Nagar
D. Civil Revision(Defective)No.25 of 2026 Smt. Sajida Begum and Anr Vs.
Arafat Ahmad and Anr - pending before this Hon'ble court.
A482 No. 30098 of 2024
4
E. Crl.Misc.ABailC Application No.330 of 2023, Abrar Ahmed Vs.State of U.P.
and Nafees Khan Mansoori - pending before this Hon'ble court.
F. Crl.Misc.ABailC Application No.331 of 2023, Abrar Ahmed Vs.State of U.P.
and Smt. Sajida Begum- pending before this Hon'ble court.
G. Crl.Misc.ABailC Application No.21 of 2026, Abrar Ahmad Vs.State of U.P.
and Nafees Khan Mansoori - pending before this Hon'ble court.
H. F.I.R.dated 07.11.2025 against accused Nafees Khan Mansoori S/O Irfan
Khan in Crime No.0259 of 2025 under Sections 333 and 324(5),B.N.S., Police
Station-Knowledge Park,District-Gautam Baudhh Nagar(State of U.P.
Vs.Nafees Khan Mansoori)-Informant being Abrar Ahmed pending before the
Court of Addl.Civil Judge(S.D.), G.B.Nagar.
I. FIR dated 19.01.2026 against accused Nafees Khan Mansoori S/O Irfan
Khan in Crime No.0022 of 2026 under Sections 329(1) and 351(2),B.N.S
Police Station-Knowledge Park,District-Gautam Baudhh Nagar-Informant
being Abrar Ahmed.
J. O.S.No.891 of 2024,Arafat Ahmad and Abrar Ahmed Vs.Smt.Sajida Begum
and Nafees Khan Mansoori- pending before the Court of Civil Judge(S.D.)
,Gautam Buddh Nagar
K. Consumer Complaint No.10 of 2024,Abrar Ahmed Vs.Smt.Sajida Begum
anad Nafees Khan Mansoori -pending before the court of State Consumer
Disputes Redressal Commission, U.P.
L. Application No.110 of 2025,Abrar Ahmed Vs.Smt. Sajida Begum and Ors-
pending before the Court of A.C.J.M.-II,G.B Nagar
M. Case NO.4555/24/30/2025, Abrar Ahmed Vs, Smt. Sajida Begum and Ors-
pending before the U.P. Human Rights Commission,Lucknow
N. No SA of Abrar Ahmed in DRT,Lucknow pending.
9. THAT in view of the above,it is prayed that this Hon'ble Court may very
graciously be pleased to allow to secure the ends of justice, this final
Settlement Joint Affidavit between the aforesaid parties to be the part of the
record in compliance of the esteemed order dated 06.07.2026,12.08.2026 and
18.08.2026 passed by this Hon'ble Court-
A. Allowing, in terms of this compromise, the Crl.Misc.Application No.30098 of
2024 (Sajida Begum &Nafees Khan Mansoori Vs.State of Uttar Pradesh and
Abrar Ahmed)in Crime No.0289 of 2022,under Sections 120-
B,506,406,420,467,468 and 471,I.P.C,Police Station-Knowledge Park,
Gautam Buddh Nagar, quashing Crl. proceedings pending before the court of
CJM,Gautam Buddh Nagar(State of U.P.Vs. Smt.Sajida Begum and Anr.)in
Crime No.0289 of 2022,under Sections 120-B,506,406,420,467,468and
471,I.P.C,Police Station-Knowledge Park Gautam Buddh Nagar;and
B. Disposing of the Crl. Revision No. 1149 of 2025 (Sajida Begum and Nafees
Khan MansOOri Vs. State of Uttar Pradesh and Abrar Ahmed) abiding by the
decision in A482 No.30098 of 2024(Sajida Begum & Nafees Khan Mansoori
A482 No. 30098 of 2024
5
Vs.State of Uttar Pradesh and Abrar Ahmed), and/or pass such other and
further order which this Hon'ble Court may deem fit and proper in the facts and
circumstances of the case."
7. This Court is not unmindful of the following judgements of the Apex Court:
(i). B.S. Joshi and others Vs. State of Haryana and Another; (2003)4 SCC
675,
(ii). Nikhil Merchant Vs. Central Bureau of Investigation; (2008) 9 SCC
677,
(iii). Manoj Sharma Vs. State and Others; (2008) 16 SCC 1,
(iv). Gian Singh Vs. State of Punjab; (2012); 10 SCC 303,
(v). Narindra Singh and others Vs. State of Punjab; ( 2014) 6 SCC 466,
(vi).Dimpey Gujral W/o Vivek Gujral & Others Vs. Union Territory Thru.
Administrator Chandigarh & Others; (2013) 11 SCC 497,
(vii). H.N. Pandakumar Vs. State of Karnataka; 2025 SCC OnLine SC 38 ,
and
(viii). Naushey Ali & Others Vs. State of Uttar Pradesh & Another; (2025) 4
SCC 78.
8. In the aforesaid judgments, the Apex Court has categorically held that
compromise can be made between the parties even in respect of certain
cognizable and non compoundable offences. Reference may also be made to
the decision given by this Court in Shaifullah and Others Vs. State of U.P. &
Another; 2013 (83) ACC 278. in which the law expounded by the Apex court
in the aforesaid cases has been explained in detail.
9. Considering the facts and circumstances of the case, as noted herein
above, and also the submissions made by the counsel for the parties, the
court is of the considered opinion that no useful purpose shall be served by
prolonging the proceedings of the above mentioned criminal case as the
parties have already settled their dispute.
10. Accordingly, the entire proceedings of Criminal Case No. 29936 of 2023
(State Vs. Smt. Sajida Begum & Another), arising out of Case Crime No. 289
of 2022 under Sections 420, 467, 468, 471, 406, 506 and 120-B I.P.C., Police
Station-Knowledge Park, District-Greater Noida (Commissionerate Gautam
A482 No. 30098 of 2024
6
Budh Nagar) pending in the Court of Chief Judicial Magistrate, Gautam Budh
Nagar are hereby quashed.
11. The present appeal is, accordingly, allowed. There shall be no order as to
costs.
12. It is also provided that in case applicant no.2 Nafees Khan Mansoori files
an appropriate application along with the photo copy of the joint affidavit filed
today and a certified copy of this order separately for quashing of the
proceedings of Case Crime No. 0259 of 2025 under Sections 333 and 324 (5)
B.N.S., Police Station-Knowledge Park, District-Greater Noida
(Commissionerate Gautam Budh Nagar) pending in the Court of Additional
Civil Judge (Senior Division), Gautam Budh Nagar, as well as the proceedings
of Case Crime No. 022 of 2026 under Sections 329 (1) and 351 (2
B.N.S., Police Station-Knowledge Park, District-Greater Noida
(Commissionerate Gautam Budh Nagar), the same shall be considered and
decided by the trial court considering the fact that no purpose would be served
by keeping the aforesaid proceedings pending specifically when the parties
have settled their all dispute and entered into compromise as well as in light of
the judgments of the Apex Court referred to above.
13. It is then provided that the opposite party no.2 will move an appropriate
application before the Greater Noida Industrial Development Authority,
Gautam Budh Nagar for withdrawal of T.M. dated 8th July, 2022 and also
move a separate application for return of his money which he has deposited
before the Greater Noida Industrial Development Authority. On receipt of the
same, the Greater Noida Industrial Development Authority, Gautam Budh
Nagar shall consider and decide the same strictly in accordance with law at
the earliest possible.
September 28, 2026
Sushil/-
(Madan Pal Singh,J.)
Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad
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