Allowed

Minakshi Sharma @ Bebi and Another v. State of U.P. and Another

Allahabad HC18 Jul 2019A482/12732/2018

Case brief

AI extract

What is this about?

This application under Section 482 Cr.P.C. sought quashing of criminal proceedings arising from a family dispute. The Court quashed the proceedings and charge sheet after parties executed a final settlement agreement resolving the inheritance dispute amicably.

What did the court decide?

Quashed the proceedings of Case No. 300 of 2018, the charge sheet dated 02.12.2017, and the entire criminal case arising out of Crime No. 604 of 2017.

Minakshi Sharma @ Bebi and Another Vs State of U.P. and Another — Allahabad HC (2019) — LawSathi Research

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Court No. - 72

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Case :- APPLICATION U/S 482 No. - 12732 of 2018

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Applicant :- Minakshi Sharma @ Bebi And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Mukesh Kumar Upadhyay,Yogesh Kumar Mishra

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Counsel for Opposite Party :- G.A.,Vinod Kumar Shukla

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Hon'ble Rajiv Joshi,J.

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Heard Sri Mukesh Kumar Upadhyay, learned counsel for the applicant, Sri Vinod Kumar Shukla, learned counsel for the opposite party and learned A.G.A. for the State.

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The present application under Section 482 Cr.P.C. has been filed to quash the impugned charge sheet dated 02.12.2017 as well as the entire proceeding of Case No. 300 of 2018 (State Vs. Dinesh and another), arising out of Case Crime No. 604 of 2017, under Sections 332, 353, 504, 506 I.P.C.,P.S. Modi Nagar, District Ghaziabad.

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This Court vide order dated 17.04.2018 referred the matter to the mediation and conciliation centre. Pursuant thereto, the parties appeared before the mediator and final settlement agreement was executed between them on 17.09.2018.

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The following settlement has been arrived between the parties:

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(a) That Smt. Bhavan Sharma and Smt. Minakshi Sharma are sisters and their mother late Krishna Sharma executed the Will with regard to the ancestral house situated near Ram Johdi Mandir Dev Nagar Sonda Road, Modi Nagar District Ghaziabad in favour of both the sisters of equal shares.

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(b) That late Krishna Sharma died on 18.09.2017 and Smt. Bhavna Sharma as well as Smt. Minakshi Sharma became owner in possession of equal shares in house situated near Ram Johdi Mandir Dev Nagar Sonda Road, Modi Nagar DistrictGhaziabad.

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(c) That Smt. Bhavna Sharma and Minakshi Sharma have acknowledged the Will of their mother late Krishna Sharma and are ready and willing to equal sharing in the house in question. Accordingly, in case house in question is sold the transaction shall be executed jointly by both the sisters Smt. Bhavna Sharma and Smt. Minakshi Sharma and consideration shall be shared equally.

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(d) That Smt. Bhavna Sharma and Smt. Minakshi Sharma have agreed that they will make all efforts to sell the house in question at the earliest.

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(e) That except for we two sisters (Smt. Minakshi Sharma and Smt. Minakshi Sharma) there are no other legal heirs or successor of late Krishna Sharma.

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(f) That there was some inadvertent misunderstandings between Bhavan Sharma and Smt. Minakshi Sharma which culminated into the criminal proceedings out of which Case No. 300 of 2018 (State Vs. Dinesh and another) arising out of Case Crime No. 604 of 2017, under Section 332, 353, 504, 506 IPC, P.S.Modi Nagar, District- Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Vth, Ghaziabad was initiated.

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(g) That Smt. Bhavna Sharma as well as Minakshi Sharma has reached an amicable settlement and a written deed of settlement was executed on 09.11.2017 amicably settling the dispute between the parties. A photocopy of the same is being annexed herewith and made part of present settlement.

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(h) That it has been agreed between the parties that they shall not litigate regarding present matter in any manner whatsoever.

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(i) That it has been agreed between the parties that Smt. Bhavna Sharma has no objection in case present case Crl. Misc. Application No. 12732 of 2018 is allowed and the proceedings of Case No. 300 of 2018 (State Vs. Dinesh and another) arising out of Case Crime No. 604 of 2017, under Section 332, 353, 504, 506 IPC, P.S.- Modi Nagar, District- Ghaziabad, pending in the Court of Additional Chief Judicial Magistrate, Vth, Ghaziabad as well as charge sheet dated 02.12.2017 is quashed by the Hon'ble Court.

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In view of the above settlement arrived at between the parties, the present application is allowed and the proceedings of Case No. 300 of 2018 (State Vs. Dinesh and another), arising out of Case Crime No. 604 of 2017, under Sections 332, 353, 504, 506 I.P.C.,P.S. Modi Nagar, District Ghaziabad including the charge sheet dated 02.12.2017, pending before the court of A.C.J.M., Vth, Ghaziabad, is hereby quashed.

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Order Date :- 18.7.2019 Shivangi

Minakshi Sharma @ Bebi and Another v. State of U.P. and Another

Case brief

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Minakshi Sharma @ Bebi and Another v. State of U.P. and Another

Case brief

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