SMT. MANJU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/8006/2020 · 2025-01-05
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 12957 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 12957 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:2438 Court No. - 73 Case :- APPLICATION U/S 482 No. - 8006 of 2020 Applicant :- Smt. Manju And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh,Mahendra Kumar Singh Chauhan Counsel for Opposite Party :- Bhupendra Kuamr Tripathi,G.A. Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
2. This application u/s 482 Cr.P.C. has been preferred for quashing of the entire proceedings, including summoning order dated 22.09.2018, of Complaint Case No. 964 of 2018 (Munni Devi Vs. Smt. Manju and others), under Sections 467, 468 IPC, P.S. Mandawar, District Bijnor, pending in the court of Judicial Magistrate/Additional Civil Judge (J.D.), Court No.3, Bijnor. The order dated 28.01.2020 passed by Additional District & Session Judge Court No.5, Bijnor in Criminal Revision No.384 of 2018 is also being impugned.
3. It has been submitted by learned counsel for the applicants that dispute between the parties pertains to property dispute, which is private in nature. Both the parties have amicably settled the dispute and compromised the matter and the complainant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court concerned, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
4. Learned counsel for the opposite party no.2 /complainant has concurred with the
arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant does not want to proceed with the case pending before the trial court and the impugned proceedings may be quashed.
5. Learned A.G.A. has no objection if parties compromise the matter.
6. I have considered the submissions and perused the record.
7. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to property dispute, which is private in nature. The allegation against accused persons is that husband of applicant no.1 has sold the disputed property to the husband of complainant but later on applicant no.1 and her family members executed another sale-deed of same property. The dispute is private in nature and if parties compromise the matter, it would not have adverse impact on society. The complainant of the case does not want to pursue the impugned proceedings against the applicants. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.
8. In view of the aforesaid, entire impugned proceedings, including summoning
order, of the aforesaid complaint case, against applicants, namely, Smt. Manju, Balram Singh, Subhash Chandra & Smt. Kiran are hereby quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 6.1.2025 SP/-/RKM Digitally signed by :- RAJESH KUMAR MAURYA High Court of Judicature at Allahabad