Allahabad High Court
POOJA GOSWAMI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
Holding
The charge sheet, summons, cognizance order and the entire criminal proceedings are quashed.
Summary
The applicants, Pooja Goswami and another, filed an application under Section 482 of the Criminal Procedure Code seeking to quash the charge sheet dated 5 September 2024, the summons and cognizance order dated 7 October 2024, and the entire criminal proceedings (Criminal Case No.14530 of 2024) relating to offences under Sections 420, 467, 468, 471, 506 and 120‑B of the IPC. The parties had amicably settled their dispute and filed a compromise application before the trial court, which was verified and reported to the High Court. Relying on the settled compromise and a series of Supreme Court precedents, the High Court held that the criminal proceedings could be set aside under its inherent powers under Section 482 CrPC. Consequently, the charge sheet, summons, cognizance order and the entire criminal case were quashed.
Issues considered
- Whether the High Court can quash a charge sheet and criminal proceedings under Section 482 CrPC when the parties have reached an amicable settlement and filed a compromise application.
- Whether the inherent powers of the court under Section 482 CrPC extend to setting aside proceedings for offences under Sections 420, 467, 468, 471, 506 and 120‑B of the IPC after a compromise.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Indian Penal Code — s. 120-B, 420, 467, 468, 471, 506
Subjects
- settlement
- compromise
- quash
- criminal proceedings
- Section 482 CrPC
- IPC offences
- High Court
- criminal law
Judgment
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) : Ashish Kumar Singh
Counsel for Opposite Party(s) : Deepak Rana, G.A.
Court No. - 77
HON'BLE PRAVEEN KUMAR GIRI, J.
1. 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.
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.
3. 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
NA528 No. 11098 of 2025
2
may deem fit and proper in the facts and circumstances of the
case."
4. 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.
5. 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.
6. In the present case, the sections involved are Section 420, 467,
468, 471, 506 & 120-B of IPC.
7. 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.
8. 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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3
9. 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
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