Neutral Citation No. - 2025:AHC:25684 Court No. - 76 Case :- APPLICATION U/S 528 BNSS No. - 5568 of 2025 Applicant :- Sunny Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Prakash Rawat Counsel for Opposite Party :- G.A. Hon'ble Vinod Diwakar,J. 1. Heard learned counsel for the applicants, learned A.G.A. for the State and perused the material on record. 2. The instant application has been preferred with the prayer to quash the entire proceeding of Case No.145 of 2023, titled State v. Sunny Sharma and others, including the cognizance/summoning order dated 05.01.2023 passed by Additional Chief Judicial Magistrate-III, Basti as well as order dated 10.03.2023 passed by Civil Judge (S.D.) F.T.C. Basti and charge dated 07.12.2023 passed by Chief Judicial Magistrate, Basti and charge sheet dated 11.12.2022, 29.10.2023 and 06.03.2023 in Case Crime No.0286 of 2022, under Sections 419, 420, 467, 468, 471 and 34 I.P.C. and 66-B, 66-C, 66-D I.T. Act, P.S. Kalwari, District Basti, pending in the court of Chief Judicial Magistrate, Basti, on the basis of compromise dated 10.12.2024. 3. Learned counsel for the applicants submits that the applicant is innocent and he has been falsely implicated in the instant case. The applicants are not named in the F.I.R. The F.I.R. has been registered against unknown person. He next submits that the dispute between the parties has been settled and the matter has been compromised, therefore, the aforesaid proceedings may be quashed based on compromise entered into between the applicants and the victim. 4. Per contra, learned A.G.A. has opposed the application and states that the allegations against the applicants are serious in nature and the matter pertains to online fraud. By creating forged and fictitious documents and aadhar card the applicants have committed the offence which satisfies the ingredients of Sections 419, 420, 467, 468, 471 and 34 I.P.C. and 66-B, 66-C, 66-D I.T. Act, therefore, the prayer for quashing the aforesaid proceedings is liable to be dismissed. 5. After hearing learned counsel for the applicant, learned A.G.A. for the State and having perused the material available on record, its prima facie observed that the allegations levelled against the applicants are serious in nature as the applicants have committed online fraud with the account of the informant and withdrawn Rs.30,000 from the account of informant in different dates. The alleged offence has been committed by creating false aadhar card and other documents. Therefore, based on compromise, the aforesaid proceedings of the present case cannot be quashed. Hence, no case of quashing the entire proceedings is made out. 6. So far as the submissions raised by learned counsel for the applicant are concerned, it call for determination on questions of fact which may be adequately adjudicated upon only by the trial court. Adjudication of questions of facts and appreciation of evidence or examining the reliability and credibility of the version does not fall within the arena of jurisdiction under Section 482 Cr.P.C. In view of the material on record, it can also not be held that the impugned criminal proceedings are manifestly attended with mala fide and maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge. Similarly, no such illegality, perversity or any other substantial error could be pointed out in the impugned summoning order so as to warrant any interference by this court in the exercise of powers u/s 482 Cr.P.C. 7. The application u/s 482 Cr.P.C. is devoid of merit, and it is accordingly dismissed. Order Date :- 20.2.2025 Jitendra Justice Vinod Diwakar Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad