MADAN MOHAN SHARMA Vs. STATE OF U. P.

JUDGEMENT

(1.) Heard Sri Anshul Kumar Singhal, learned counsel for the applicant and Sri Udai Bhan, learned A.G.A. for the State.

(2.) The present 482 Cr.P.C. application has been filed to quash the entire proceedings against the applicant in Complaint Case No. 2548, under Sec. 420 I.P.C., P.S. Hathras Gate, district- Hathras, pending in the court of Chief Judicial Magistrate, Hathras, as well as summoning order dtd. 19/12/2017.

(3.) The contention of learned counsel for the applicant is that applicant and opposite party no. 2 are the grandsons of late Netram Sharma, who during his lifetime executed a registered trust deed on 1/1/1945 and the father of the applicant was nominated as Manager of the aforesaid trust, thereafter a registered will deed dtd. 20/11/1974 was executed by late Netram Sharma, by which all managerial rights of the aforesaid trust was given to Sri Damodar Das (father of the applicant). It was further provided in the aforesaid will deed that heirs of Damodar Das will continue to manage the affairs of the trust. Subsequently, the opposite party no. 2 and his brother started putting their claim over the property of trust, denying the trust deed, as well as will dtd. 20/11/1974. After the death of Damodar Das, father of opposite party no. 2 has filed a suit bearing Original Suit no. 48 of 1983 for declaration of ownership regarding trust property. Subsequently, this suit was disposed of on the basis of compromise entered into between the parties regarding trust property. Subsequently, when the the opposite party no. 2 had started interfering the applicant in the enjoyment of the property in question, then the applicant has filed Original Suit No. 201 of 2005 for permanent injunction and declaration. The said suit was decreed by order dtd. 19/2/2010, in which the applicant was declared Manager of the trust and opposite party no. 2 and his brother were injected from transferring any part of the property of the Dharamshala, though the aforesaid judgment dtd. 19/2/2010 passed in Suit No. 210 of 2005 was challenged by the opposite party no. 2 in First Appeal No. 213 of 2010 but this Hon'ble Court did not stay the judgment dtd. 19/2/2010 and only order of status quo was passed. After loosing the litigation, the opposite party no. 2 has filed impugned complaint on 19/6/2017 on the ground that applicant has violated the terms of compromise entered into between the parties in Suit No. 48 of 1983 before the Munsif Court, Hathras.