AJIT KUMAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
A482/32367/2024 · 2025-03-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 100031 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 100031 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31598 Court No. - 77 Case :- APPLICATION U/S 482 No. - 32367 of 2024 Applicant :- Ajit Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Santosh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed by Shri Santosh Kumar Singh, learned counsel for the applicants today in the Court, is taken on record.
2. Heard Sri Santosh Kumar Singh, learned counsel for the applicants, Shri Brijesh Kumar Dwivedi, learned A.G.A. for the State and perused the record.
3. The present application has been filed to quash the entire proceeding of Complaint Case No. 36042/2024, under Sections 498-A, 323, 504, 56 IPC and Section 3/4 D.P. Act, P.S.- Jamunapar, District- Mathura as well as summoning
order dated 08.8.2024 passed by the Additional Civil Judge (S.D.)/Additional Chief Judicial Magistrate, Court No. 1, Mathura.
4. Learned counsel for the applicant submitted that dispute between the applicant no. 1 and opposite party no. 2 is matrimonial in nature. Now both the parties have settled their dispute and living peacefully as husband and wife. It is further submitted that impugned proceeding may be quashed as the opposite party no. 2 has no grievance with the applicant no. 1 and she does not want to pursue the impugned proceeding.
5. Per contra, learned A.G.A. has raised objection that there is no original compromise in on record unless compromise is filed before the court below and the same is verified, proceeding cannot be quashed.
6. Considering the aforesaid submissions made by both the parties and taking into account peculiar facts of this case, the present application is disposed of with direction to the applicants to file original deed of compromise before the court below within a period of 15 days and on filing such compromise, the court below
will verify the same within a period of next one and half month after summoning the parties and for a period of two months, no coercive measures shall be taken against the applicants in the aforementioned case.
7. The applicants are granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings on the basis of verified compromise.
Order Date :- 5.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad