C482/594/2024 on 7 May, 2026

    0
    25
    ADVERTISEMENT

    Uttarakhand High Court

    C482/594/2024 on 7 May, 2026

                                                                    2026:UHC:3509
                  Office Notes,
                 reports, orders
                 or proceedings
    SL.
          Date    or directions             COURT'S OR JUDGE'S ORDERS
    No.
                 and Registrar's
                   order with
                   Signatures
                                   C482/594/2024
    
    
                                   Hon'ble Alok Mahra, J.
    

    Mr. Amar Murti Shukla along with
    Ms. Gyanmati Kushwaha, learned
    counsel for the applicant.

    2. Mr. Rakesh Joshi, learned A.G.A.
    along with Mr. Manoj Bhatt, learned
    Brief Holder for the State.

    SPONSORED

    3. Mr. Sanjay Kumar, learned counsel
    for private respondents.

    4. The present application under
    Section 482 Cr.P.C. has been filed
    seeking modification/alteration of the
    summoning order dated 14.03.2024
    passed by the learned Additional Chief
    Judicial Magistrate, Kashipur in
    Criminal Case No. 347 of 2024, arising
    out of an application under Section
    156(3)
    Cr.P.C., which was treated as a
    complaint case. It has been prayed that,
    apart from Sections 420 and 506 I.P.C.,
    cognizance/summoning ought also to
    have been taken under Sections 120-B,
    406, 467 and 468 I.P.C., in view of the
    allegations and material available on
    record.

    5. Learned counsel for the applicant
    would submit that the applicant had
    initially moved an application under
    Section 156(3) Cr.P.C. alleging therein
    that the private respondents had
    committed cheating and forgery by
    2026:UHC:3509

    misrepresenting themselves to be owners
    of certain land and fraudulently
    executing transactions in respect thereof,
    thereby causing wrongful loss to the
    applicant to the tune of ₹42 lakhs. It is
    submitted that the said application was
    treated as a complaint case and
    thereafter statements under Sections
    200
    and 202 Cr.P.C. were recorded along
    with documentary evidence. However,
    despite the material available on record,
    the learned Magistrate vide summoning
    order dated 14.03.2024 summoned the
    accused persons only for the offences
    punishable under Sections 420 and 506
    I.P.C. It is contended that the offences
    under Sections 120-B, 406, 467 and 468
    I.P.C. are also clearly made out and,
    therefore, the impugned summoning
    order deserves to be modified/altered
    accordingly.

    6. Learned counsel for the applicant
    further submits that during pendency of
    the present proceedings, the applicant
    and private respondent nos. 2, 4, 5 and
    6 have amicably resolved their dispute
    and a compromise deed has been
    executed between them. A copy of the
    compromise deed has been produced
    before this Court and the same is taken
    on record.

    7. Heard learned counsel for the
    parties and perused the record.

    8. A perusal of the compromise deed
    would reveal that the applicant and
    respondent nos. 2, 4, 5 and 6 have
    2026:UHC:3509

    amicably settled their dispute on the
    following terms and conditions:-

    (i) That respondent nos. 2, 4, 5
    and 6 have agreed to hand over four
    cheques, particulars whereof are
    mentioned in the compromise deed,
    amounting in total to ₹34 lakhs to the
    applicant before this Court today. The
    said respondents, who are present
    before this Court, undertake that
    sufficient funds are available in their
    respective accounts and the said
    cheques shall be duly honoured on
    presentation.

    (ii) That respondent nos. 2, 4, 5
    and 6 shall approach the competent
    court of law for cancellation of the
    sale deed dated 16.05.2023 alleged
    to have been executed in favour of the
    applicant and the applicant shall
    extend full cooperation and support in
    the said proceedings for cancellation
    of the aforesaid sale deed.

    (iii) That respondent nos. 2, 4, 5
    and 6 further undertake that either
    the aforesaid cheques shall be
    honoured on or before the date on
    which the competent court passes the
    order/judgment cancelling the
    aforesaid sale deed dated
    16.05.2023, or, in the alternative,
    demand drafts amounting to ₹34
    lakhs shall be handed over to the
    applicant on the very same day on
    which such order/judgment of
    cancellation is passed.

    (iv) In the event of failure on
    the part of respondent nos. 2, 4, 5
    2026:UHC:3509
    and 6 to comply with the aforesaid
    conditions regarding payment, it shall
    be open to the applicant to move an
    appropriate application for recall of
    the order passed by this Court.

    (v) It is further agreed between
    the parties that any observation
    made in the present proceedings
    shall not adversely affect the rights
    and contentions of the parties in any
    other civil or criminal proceedings
    pending or instituted between them.

    (vi) In case any term or condition
    of the compromise is violated by
    either party, the aggrieved party shall
    be at liberty to avail such remedy as
    may be available to them in
    accordance with law.

    9. In view of the compromise arrived at
    between the parties, no further orders
    are required to be passed in the present
    proceedings.

    10. Accordingly, the present application
    under Section 482 Cr.P.C. stands
    disposed of in terms of the compromise
    entered into between the parties.

    11. The compromise deed shall form
    part of the record.

    12. The Registry is directed to paginate
    the compromise deed appropriately in
    the record of the case.

    13. It is made clear that the
    observations and findings recorded by
    this Court in the present order are
    confined to the peculiar facts and
    circumstances of the instant case. Any
    2026:UHC:3509

    other dispute or proceedings pending
    between the parties before any Court or
    forum shall be adjudicated
    independently on their own merits,
    without being influenced in any manner
    by the observations or findings made
    herein.

    (Alok Mahra, J.)
    07.05.2026
    Mamta



    Source link

    LEAVE A REPLY

    Please enter your comment!
    Please enter your name here