CHANDA ALIAS CHAND MIYA AND ANOTHER v. State of UP AND ANOTHER
NA528/35522/2024 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 102605 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 102605 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:41753 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 35522 of 2024 Applicant :- Chanda Alias Chand Miya And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mukesh Kumar, learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
2. The present 528 BNSS application has been filed to quash the
order dated 20.03.2024 passed by Additional District and Sessions Judge/ F.T.C.-2, Kannauj in Session Trial No. 646 of 2021 (State Vs. Chanda @ Chand Miya and others), arising out of Case Crime No. 45 of 2021, under Sections 498A, 323, 313, 506 I.P.C. and 3/4 D.P. Act, Police Station Saurikh, District Kannauj as well as entire proceedings of aforesaid case on the basis of compromise dated
20.03.2024.
3. Learned counsel for the applicants submits that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 20.3.2024 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding and it has not been signed by the applicant nos.2 and 3.
5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties.
6. For a period of two months or till verification of compromise,
whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises.
8. With the aforesaid direction, the present application is disposed of.
Order Date :- 19.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad