TULSI MANSAL AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/35750/2017 · 2025-08-11
Anish Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47965 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47965 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD (Serial No.- 123) Neutral Citation No. - 2025:AHC:137223 Court No. - 78 Case :- APPLICATION U/S 482 No. - 35750 of 2017 Applicant :- Tulsi Mansal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajeev Kumar Srivastava Counsel for Opposite Party :- G.A.,Garun Pal Singh Hon'ble Anish Kumar Gupta,J.
1. Heard Sri Ram Kumar, learned Counsel for the applicants and Sri Surendra Kumar, learned Counsel for opposite party no.2.
2. The instant application has been filed seeking to quash the summoning order dated 29.04.2017 and the entire proceedings of Compliant Case No. 1698 of 2016, Kunwar pal Tiwari v. Tulsi Mansal and othersf, under Sections 420, 323, 504 I.P.C. P.S. Shergarh, District Mathura,pending before the A.C.J.M, Court No.2, Mathura.
3. Learned Counsel for the applicants submits that the instant case was lodged by opposite party no.2 due to a dispute with regard to a transaction of sale of a plot. There was some dispute with regard to financial transaction in relation to the plot, due to which, the instant case was lodged by the opposite party no.2. During the pendency of of the instant application before this Court, the parties have settled their dispute amicably on 25.09.2024 and the comprise was also executed with regard to the said settlement between parties and the same filed before the trial Court concerned. A certified copy of the same has been produced along with the supplementary affidavit dated 28.04.2025. Therefore, this Court vide order dated 27.05.2025, directed the parties to appear before the Trial Court concerned for verification of compromise. Parties have appeared before the Trial Court concerned on 05.07.2025, thereupon, the Trial Court has verified the compromise and a report in this regard has been sent to this Court. In view of the aforesaid settlement, which has been duly verified,
learned Counsel for the applicants seeks quashing of the entire proceedings of this case against the applicants herein.
4. Learned Counsel for the opposite party no.2 admits the aforesaid facts and also prays for quashing of the proceedings against the applicants in view of the settlement of disputes amicably.
5. Looking at the nature of the dispute and settlement thereof, learned A.G.A. do not oppose the prayer for quashing the proceedings of the case.
6. Having heard the submissions of learned Counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case it is apparent that there was a dispute between the applicant and the opposite party no.2 with regard to the purchase of a plot and financial transactions in relation thereto. During the pendency of the instant application before this Court, the parties have settled their disputes amicably on 25.09.2024. On 27.05.2025, this Court had directed the parties to appear before the Trial Court for the purpose of verification of the compromise which has been duly verified in presence of the parties.
7. In view of the aforesaid settlement, no fruitful purpose would be served by keeping the criminal proceedings pending against the applicants as it was a private dispute between the parties, which has been amicably settled.
8. In view thereof, the instant application is allowed in the light of the judgments of Apex Court in Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003)4 SCC 67 and the entire proceedings of the Compliant Case No. 1698 of 2016, Kunwar pal Tiwari v. Tulsi Mansal and othersf, under Sections 420, 323, 504 I.P.C. P.S. Shergarh, District Mathura,pending before the A.C.J.M, Court No.2, Mathura are hereby quashed.
Order Date :- 12.8.2025 Vijay (Anish Kumar Gupta,J.) Digitally signed by :- VIJAY KUMAR SAHU High Court of Judicature at Allahabad