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2025 DAILYLAW 107797 (ALL)

BANTU ALIAS PREMPAL AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/42049/2024 · 2025-03-17

Arun Kumar Singh Deshwal

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Judgment text

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Court No. - 75 Case :- APPLICATION U/S 482 No. - 42049 of 2024 Applicant :- Bantu Alias Prempal And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vinay Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Vinay Kumar, learned counsel for the applicants and Shri P.P. Tiwari, learned AGA for the State. 2. The instant application has been filed for quashing the entire proceeding including charge-sheet dated 17.06.2013 as well as summoning order dated 03.07.2013 passed in Case No.224 of 2013 (State v. Bantu @ Prempal and others) arising out of Case Crime No.18 of 2013, under Sections 498-A, 323, 504, 506 of IPC and Sections 3/4 of D.P. Act, Police Station- Nasirpur, District- Firozabad, pending in the court of learned Additional Chief Judicial Magistrate-II, Firozabad, on the basis of compromise. 3. Learned counsel for the applicants has 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 02.06.2013 is reduced in written compromise and also annexed as Annexure No.3 of the affidavit. It is further submitted that original deed of compromise has already been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Per contra, 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 proceedings. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from today 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 :- 18.3.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad