IN THE HIGH COURT OF UTTARAKHAND AT NAINITAL C482 No.238 of 2005 WITH Compromise Application No.766/2008 Rajeev Dubey, S/o Sri R.C. Dubey R/o 36, Sewak Ashram Road, Dehradun P.S. Dalanwala, Distt. Dehradun ……… Applicant Versus State of Uttaranchal & another ……Respondents Dated: September 24, 2008 Sri Lok Pal Singh, learned counsel for the applicant Sri M.A. Khan, learned brief holder for the State Sri J.C. Karnatak, leaned counsel for respondent no.2 HON. DHARAM VEER, J. This application preferred under Section 482 of The Code of Criminal Procedure, 1973 (hereinafter to be referred as Cr.P.C.), is filed by the applicant-Rajeev Dubey for quashing the Complaint No.1821/2001 and further to quash the summoning order dated 05.06.2004 passed by Judicial Magistrate Ist, Dehradun, summoning the applicant u/s 420 of the Indian Penal Code, 1860 (hereinafter to be referred as I.P.C.). 2. In brief the case is this that the respondent no.2-Km. Sadhana filed a complaint before the Court of Judicial Magistrate IInd, Dehradun with the allegation that she had purchased a land, measuring 0.06 acre, i.e., 225.990 Sqmt. and the said land is situated in Village Danda Lakhend, District Dehradun. It was further averted that she has purchased the above said property from the applicant-Rajeev Dubey after paying him an amount of Rs.40,000/-, but when she came at the spot and measured the said land, she found that the land was not 0.06 acre. She has further averted that the applicant-Rajeev Dubey has intentionally cheated her and has taken money from her after deceiving her. In support of the complaint, respondent no.2-Km. Sadhna was examined u/s 200 Cr.P.C. before the trial court, where she has stated that before the sale deed executed in her favour, the applicant has executed the sale deed in favour of Smt. Pushpa Dimri. Two witnesses, namely, Mohd. Takee and Sri Jameel Sabari were examined u/s 202 Cr.P.C. in the trial court. Both the witnesses have stated that the money was paid to the applicant- Rajeev Dubey by Km. Sadhana in their presence. On the basis of the evidence, trial court summoned the applicant/accused Rajeev Dubey u/s 420 I.P.C. vide order dated 05.06.2004. 3. The Compromise Application No.766/2008 was jointly filed by the applicant-Rajeev Dubey and respondent no.2-Km. Sadhana and both of them have filed a joint affidavit before this Court. In para no.4 of the said affidavit, it was averted that as per the request of respondent no.2, the measurement has done again now the dispute between the applicant/petitioner and respondent no.2 has been resolved outside the Court. 4. It was further averted in para no.5 that the nephew of respondent no.2 Manish Dimri, S/o Late Omprakash Dimri, who was in possession over the part of Khasra No.38, he has removed his possession from the land of respondent no.2 and a passage has been maintained by Shri Manish Dimri and respondent no.2. 5. It was further averted in para no.6 that since the dispute has been resolved outside the Court, the respondent no.2 is not interested to press the complaint against the applicant/petitioner, therefore the complaint case no.1821/2001, Km. Sadhana Vs. Rajeev Dubey is liable to be quashed in terms of compromise. 6. After considering all the facts and circumstances and the nature of the allegations made in the complaint and also as the parties have entered into compromise and learned counsel for both the parties have requested that the permission may be given to file a compromise, the permission is granted. Compromise filed by the parties is accepted and in view of the compromise filed by the parties, the summoning order dated 05.06.2004 passed by the Judicial Magistrate Ist, Dehradun is hereby quashed and set aside. 7. Application is disposed of accordingly. (Dharam Veer, J.) 24.09.2008 RG