KAMAL MISHRA AND 3 OTHERS v. State of UP AND ANOTHER
A482/37742/2024 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106339 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106339 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38518 Court No. - 75 Case :- APPLICATION U/S 482 No. - 37742 of 2024 Applicant :- Kamal Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Surendra Kumar Tripathi, learned counsel for the applicants, Shri S. K. Kushwaha, learned A.G.A. for the State and perused the record.
2. The present application has been filed to quash the entire criminal proceeding in Case No. 308/2021, arising out of Case Crime No. 0017/2020, under Sections 498-A, 504, 506 IPC, P.S.- Mahila Thana, District- Agra, pending in the court of Civil Judge (J.D.)/F.T.C., Court No. 01, Agra.
3. It is jointly submitted by learned counsel for the applicant as well as learned counsel for informant that dispute between the parties is matrimonial in nature and now parties have settled their dispute amicably and written compromise dated 10.10.2024 has also been entered between them, copy of same has been annexed as Annexure 10 to the affidavit. It is further submitted that original deed of compromise has already been filed before the court below. A further request is made by both the parties that on the basis of compromise deed, this application may be dispose of.
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 and the court below may terminate the impugned proceeding on the basis of verified compromise in accordance with law.
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 :- 18.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad