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2025 DAILYLAW 105339 (ALL)

JITENDRA SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/36049/2024 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39443 Court No. - 75 Case :- APPLICATION U/S 482 No. - 36049 of 2024 Applicant :- Jitendra Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Dhar Shukla Counsel for Opposite Party :- G.A.,Rajeev Kumar Tiwari Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shashi Dhar Shukla, learned counsel for the applicants, Sri Rajeev Kumar Tiwari, learned counsel for the opposite party no.2 and Sri K.K. Tiwary, learned AGA for the State. 2. The instant application has been filed for quashing the summoning order dated 23.05.2022 passed as well as charge sheet dated 14.02.2022 passed in Criminal Case No.11099 of 2022 arising out of Case Crime No.16 of 2022, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahuli, District Sant Kabir Nagar. 3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly submitted that 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 07.08.2024 is reduced in written compromise and also annexed at page 59 of the affidavit. He further submitted that the aforesaid compromise deed has been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact has not been disputed by learned counsel for the opposite party no.2 but 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. 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 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad