1. Heard learned counsel for the applicants, learned A.G.A. for the State and Shri Sheetala Prasad Pandey, learned counsel for the opposite party no.2.
2. The present Criminal Misc. Application under section 482 Cr.P.C. has been preferred to quash the entire proceeding of Complaint Case No.5056 of 2022 (Vinod Rani Ahuja Versus Smt. Poonam Devi and others) as well as summoning order dated 28.07.2023 passed by Judicial Magistrate 1 Court no.12 Basti, District Basti under section 379 I.P.C. with further prayer to stay the further proceedings of the aforesaid criminal case, which is pending before Judicial Magistrate-I, Court No.12, Basti, District Basti.
3. For the purpose of disposal of the case, the brief facts of the case are that a complaint case had been filed by Vinod Rani Ahuja against the accused applicants alleging that on 01.05.2022 at 09:00 a.m. in the morning the accused applicants came to house of the complainant and confessed to stealing of Rs.20,000/- by the applicant no.4 Smt. Anuradha and thereafter went to Ballia and accepted the mistake and forgiveness from the complainant and the complainant further stated that they asked her to forgive Anuradha and then on wards she will be staying at Basti and will look after the complianant and further stated that the case that son of complainant Dheeraj had filed for conjugal rights be settled on the basis of compromise so that no further disputes pending between them. The complainant entertained them and refreshments were served and on that day about 10 a.m. son of complainant left for his shop at Roadway Basti and the complainant served meals the accused applicants and left the house for some urgent work and when she returned after one hour she saw that the latch of the outer door was closed and when she entered inside the house she did not find that anyone present there and the almirah was also opened and the contents of almirah was spread out then the complainant called her son Dheeraj and on examining the almirah they fond that gold ornaments and cash Rs.1,80,000/- were missing and after that the accused applicants were left for Ballia.
