RAJEEV KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/2399/2025 · 2025-01-24
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10952 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10952 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:13032 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2399 of 2025 Applicant :- Rajeev Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Mishra,Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Ms. Khushboo Gupta, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Shri Sunil Kumar Kushwaha, learned counsel for the applicants, Ms. Khushboo Gupta, learned counsel for the opposite party no. 2 and Shri P.P. Tiwari, 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 impugned summoning order dated 11.09.2023 in Complaint Case No. 35 of 2023 (Smt. Kalpana Bharti Vs. Rajeev Kumar and another), under Sections 498-A, 323, I.P.C. and Section 4 D.P. Act, P.S.- Mahila Thana Orai, District- Jalaun. 3. It is jointly submitted by learned counsel for the applicants as well as learned counsel for opposite party no. 2 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 09.12.2024, which has also been entered between them and on the basis of this compromise, Application under Section 13B of Hindu Marriage Act was allowed on 04.07.2024 by the Family Court 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 and on verification of the aforesaid compromise, the court below will permit the opposite party no.2 to withdraw the proceeding against applicants. 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 in the aforesaid case. 7.
However, the applicant is granted liberty to file a fresh application under Section 482Cr.P.C./528 BNSS to quash the main proceedings, if need arises. Order Date :- 24.1.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad