ARUNESH KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2020/2025 · 2025-02-07
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10028 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10028 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:18333 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2020 of 2025 Applicant :- Arunesh Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Sharma,Avinash Chandra Yadav,Zafar Ali Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Avinash Chandra Yadav, learned counsel for the applicants, Shri Arun Sharma, learned counsel for the opposite party no. 2 and Ms. Harshita Rani, learned learned A.G.A. for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the entire proceedings of Complaint Case No. 1195 of 2017 as well as summoning order dated 15.02.2018 issued by Additional Chief Judicial Magistrate, Court No. 2, Mainpuri, under Sections 498-A, 504, 323 I.P.C. and Section 4 D.P. Act, P.S.- Kishni, District- Mainpuri on the basis of compromise between the parties.
3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 27.11.2024 and a copy of the same has already been filed before the court below and photocopy of the same has been annexed as Annexure No. 9 to this application and it is also prayed that on the basis of compromise, impugned proceeding may be quashed
4. However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise.
5. In view of the above, present application is disposed of with
direction to learned court below to verify the aforesaid compromise after summoning the parties.
6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants.
7. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 7.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad