JUDGMENT :

(Rahul Chaturvedi, J.)

1. Heard Sri Anurag Khanna, learned senior Advocate assisted by Sri Sankalp Narain, Sri Raghav Dev Garg, learned counsel for the applicant ; Sri Manish Tiwary, learned Senior Counsel assisted by Sri Anurag Vajpeyi, Sri Padmaker Pandey, learned counsel for opposite party no.2 ; Sri Ajay Kumar Sharma and Sri S.M.A. Faraz Qazmi, learned counsel appearing for the State and perused the records.

2. Since, the pleadings between the contesting parties have been exchanged and as such, the matter is ripe for final submissions. Invoking the plenary powers of this Court under Section 482 Cr.P.C., the prayer sought by the applicant is as follows :-

“Hon’ble court may kindly be pleased to exercise power under section 482 Cr.P.C. and in terms of the law laid down by the Supreme Court in the case of Parbatbhai Aahir(supra) pass an appropriate order quashing the criminal proceeding in so far as the applicants are concerned in case crime no.0264 of 2018 registered in Police Station-Nazirabad, District-Kanpur Nagar and also quash the revisional rejection order dated 16.12.2022 as well as the summons issued to the applicants dated 22.11.2022 so that justice be done.”

3. During the arguments, it was urged by Sri Anurag Khanna, learned Senior Counsel appearing for the applicant to allow the present application in the terms of the law laid down by Hon’ble Apex Court in the case of Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and Others Vs. State of Gujarat and another, reported in (2017) 9 SCC 641, decided on 4th October, 2017 and other catena of decisions decided by Hon’ble Apex Court on this issue, pass an appropriate order quashing the criminal proceedings in the light of the compromise dated 04.10.2019 and 10.10.2019 between the contesting parties named above in so far as the applicants are concerned in case crime no.0264 of 2018 under sections 420, 406, 467, 468, 471, 386, 389, 120B, 504 and 506 IPC registered in Police station-Nazirabad, District-Kanpur Nagar and quash the revisional order dated 16.12.2022 passed by learned Sessions’ Court, Kanpur Nagar whereby the revision which had been preferred by the applicants against an order dated 23.08.2022 passed by learned Additional Chief Metropolitan Magistrate, Court No.3, Kanpur Nagar under section 319 Cr.P.C. has been allowed and summons have been issued against the applicants by the Additional Chief Metropolitan Magistrate, Kanpur Nagar fixing date 22.11.2022 as the next date in the aforesaid case.

4. I have heard learned counsels for the contesting parties at length to their satisfaction. In order to appreciate the legal issue involve, it is imperative to give a bird’s eye view to the factual matrix of the case which has given rise to the present controversy.

FACTUAL MATRIX:-

5. The instant 482 Cr.P.C. application has been preferred by Gagan Pal Ahuja s/o Preet Pal Singh Ahuja and his father Preet Pal Singh Ahuja s/o Darshan Singh r/o House No.7, Silver Mension, Silver Spring, Phase-I, Bypass road, Indore, (M.P.) challenging the aforesaid orders of learned Magistrate dated 23.08.2022, as well as order of confirmation by the learned Revisional court dated 16.12.2022 passed by learned Sessions Judge, Kanpur Nagar whereby despite of the fact that the parties have come to terms and the opposite party has received the amount to his satisfaction, in a clandestine fashion, opposite party no.2 have managed to move an application through Public Prosecutor, for summoning the applicants(who are non-accused) in the exercise of power under section 319 Cr.P.C.

6. Way back on 01.01.2015, a partnership deed was executed comparising of (I) Ms. Meeta Dua, w/o of Sonu Dua (ii) Devendra Singh Dua(opposite party no.2) (iii) Gagan Pal Singh Ahuja-applicant no.1 and one Jaspal Singh Ahuja as partner of the partnership firm M/s A.K. Enterprises having registered office at Shop No.33, Kenal Market, Lajpat Nagar, Kanpur Nagar. Preetpal Singh, applicant no.2 have got no concern with