SANTOSH KUMAR SAXENAversusSTATE OF U.P. AND ANR

           HIGH COURT OF JUDICATURE AT ALLAHABAD
                  APPLICATION U/S 482 No. - 5816 of 2020

Santosh Kumar Saxena
                                                                 .....Applicant(s)
                                      Versus

State Of U.P. And Anr
                                                                     .....Opposite
                                                                           Party(s)

Counsel for Applicant(s)     : Praveen     Kumar    Srivastava,
                               Vindeshwari Prasad
Counsel for Opposite Party(s): Arvind Kumar Sahu, G.A.

Court No. - 81
                     HON'BLE MADAN PAL SINGH, J.

1. Heard learned counsel for the applicant, 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.

2. This application under Section 528 B.N.S.S. has been filed with the prayer
to quash the entire proceedings of Criminal Case No. 1137 of 2010 (State Vs.
Santosh Kumar Saxena), arising out of Case Crime No. 2036 of 2009, under
Sections 406, 420, 467, 468 and 471 I.P.C., Police Station-Civil Lines, District-
Budaun, pending in the Court of Civil Judge (Junior Division) F.T.C./CAW,
Budaun, on the basis of compromised so arrived at between the parties.

3. While entertaining the present criminal application, a Coordinate Bench of
this Court passed the order dated 4th August, 2026 directing the applicant to
file the compromise so entered into between the parties before the trial court
for its verification and the trial court was inturn directed to verify the same.

4. Pursuant to the aforesaid order,           the trial court vide order dated
31st August, 2026 has verified the compromise so arrived at between the
parties, a copy of which has been brought on record along with the
supplementary affidavit filed on 9th September, 2026.

5. Learned counsel for the applicant submits that since the compromised so
arrived at between the parties and the same has also been verified by the
court below, the entire proceedings of the aforesaid criminal case be may be
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quashed by this Court.

6. Learned A.G.A. for the State and learned counsel for opposite party no.2
have no objection, if the proceedings in the aforesaid case are quashed.

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.
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                                    10. Accordingly, the entire proceedings of Criminal Case No. 1137 of 2010
                                    (State Vs. Santosh Kumar Saxena), arising out of Case Crime No. 2036 of
                                    2009, under Sections 406, 420, 467, 468 and 471 I.P.C., Police Station-Civil
                                    Lines, District-Budaun, pending in the Court of Civil Judge (Junior Division)
                                    F.T.C./CAW, Budaun are hereby quashed.

                                    11. The present application is, accordingly, allowed. There shall be no order
                                    as to costs.

                                    September 16, 2026
                                    Sushil/-

                                                                                        (Madan Pal Singh,J.)




Digitally signed by :-
SUSHIL KUMAR SINGH
High Court of Judicature at Allahabad