- (1.) Sri Amit Rai appearing for O.P. No.2 has filed Vakalatnama and Short Counter-Affidavit and the same are taken on record. Heard Ms. Mamta Singh, learned counsel for the applicant, Sri Amit Rai, learned counsel for the O.P. No. 2 and Sri B.A. Khan, learned A.G.A. for the State.
(2.) This application u/s 482 CrPC is preferred against the order dated 3.8.2015 passed by CJM, Kanpur Nagar, whereby charges against the applicant under Sections 409 and 506 IPC have been framed, as well as for quashing the entire proceedings of Case no. 19648 of 2014 (arising out of Case Crime no. 266 of 2013), State Vs.Akhil Sharma and others, under Sections 420, 409, 506 IPC, P.S. Kaka Dev, District Kanpur Nagar, pending in the Court of CJM, Kanpur Nagar.
(3.) From the side of applicant, a Compromise-Affidavit has been filed by learned counsel for the applicant wherein it is mentioned that both the parties have amicably settled their dispute in the following terms and conditions:- (i) The applicants Akhil Sharma and Nikhil Sharma will transfer the mutually agreed amount of Rs. 33 Lakhs as agreed between both the parties to O.P. No.2, Smt. Poonam Soni wife of Sukhdev Singh R/o Flat No. 903, Indradhanush Apartment, 117/K/13, Sarvodaya Nagar, P.S. Kakadev, District Kanpur Nagar. The amount of Rs. 33 lakhs includes appreciation on the property, interest on amount and advance paid by Sukhdev Singh HUF (husband of informant) at the time of allotment of duplex no. 26 in Pioneer Green City, Singhpur Kachar, Kanpur. (ii) Out of the said amount Rs. 8 lakhs has already been paid by the applicant through the then Broker of the Company, Rajeev Kumar Sharma to Sukhdev Singh HUF. There is no dispute regarding this. The details of NEFT have also been mentioned in para 5 of the Affidavit. (iii) The applicants Akhil Sharma and Nikhil Sharma have also transferred an amount of Rs. 3,00,000/- to O.P. No.2 on 9.08.2019 through UTR No. UTIBR52019080900624206 (details of which are annexed at para 6 of page no. 4) in account of Sudhdev SIngh HUF. (iv) Both the applicants are willing to transfer the remaining amount of Rs. 22 lakhs to the O.P. No.2 as early as possible and, therefore, Demand Draft No. 005995 dated 19.07.2019 in favour of Sudhdev Singh HUF of Axis Bank Ltd., Swaroop Nagar, Kanpur is ready and it will be handed over to O.P. No.2 or her husband before this Court. (v) It is further mentioned that since the parties have settled their dispute after the clearance of above referred Demand Draft of Rs. 22 lakhs, the allotment of Duplex ( previously allotted in favour of Sukhdev Singh HUF) will automatically be cancelled and the applicants' firm (Pioneer Construbuild LLP) will be free to sale the said house to any other person and that O.P. No.2 will also hand over the original allotment letter dated 27.02.2012 to the applicants at the time of receiving original Demand Draft before this Court. (vi) It is further mentioned that O.P. No. 2 and Sudhdev Singh, husband of O.P. No.2 shall not create any future demand in this regard. Further it is mentioned that it has been settled between the parties that Consumer Case No. 87 of 2015 between Sukhdev Singh Vs. Pioneer Contrubuild Pvt. Ltd. pending in Consumer Court, Kanpur and Case No. 1197 of 2014 between Sukhdev Singh Vs. Akhil Sharma and others under Section 340 Cr.P.C. pending before Metropolitan Magistrate, Court No. 3, Kanpur Nagar shall be withdrawn within 15 days from the date of final order of this Court. (vii) It is also mentioned that Criminal Misc. Case No. 201 of 2014, Sukhdev Singh Vs. Shakti Singh and others under Section 340 Cr.P.C. pending before District Judge of Kanpur Nagar shall be withdrawn. ;