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.
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
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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
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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
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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
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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
