SMT POONAM KHEPAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/46840/2023 · 2025-01-23
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 65657 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 65657 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:12169 Court No. - 73 Case :- APPLICATION U/S 482 No. - 46840 of 2023 Applicant :- Smt Poonam Khepar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kumar Dhananjay Counsel for Opposite Party :- G.A.,Vidya Prakash Singh Hon'ble Raj Beer Singh,J.
1. Heard learned counsel for applicants, learned counsel for the opposite party no. 2 and learned A.G.A. for the State.
2. This application u/s 482 Cr.P.C. has been filed for quashing of the entire proceedings, including summoning order dated 19.08.2023, of Complaint Case No. 414 of 2023 (Arun Ojha Vs. Smt. Poonam Khepar), under Sections - 420, 406 I.P.C., Police Station - Tronika City, District - Ghaziabad, pending in the court of Additional Civil Judge (Jr. D.) / Judicial Magistrate, Court No. 4, Ghaziabad.
3. It is submitted by learned counsel for the applicants that essentially the matter pertains about dispute of property and that matter was referred for mediation by this Court vide order dated
08.01.2024. During mediation proceedings, both the parties have amicably settled the dipsute and compromised the matter. The mediation report is on record. All the conditions of compromise have been complied with. It was submitted that in view of these
facts and circumstances, impugned proceedings may be quashed on the basis of compromise between the parties.
4. Learned counsel for opposite party no. 2 has also concurred with
arguments of learned counsel for the applicants and submitted that
both the parties have compromised the matter and all the conditions of compromise have been complied with and thus, 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, it appears that essentially the dispute between the parties was over purchase of property and money transaction. During mediation proceedings, both the parties have compromised the matter and all conditions of compromise have been complied with. The mediation report is on record. The dispute between the parties appears to be private in nature and if parties compromise the matter, it would not have any adverse impact on society. 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, the impugned summoning order as well as entire proceedings of the aforesaid case against applicants, namely, Smt. Poonam Khepar and Yash are, hereby, quashed.
9. The application u/s 482 Cr.P.C. is allowed.
Order Date :- 23.1.2025 SK Srivastava Digitally signed by :- SAILESH KUMAR SRIVASTAVA High Court of Judicature at Allahabad