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2025 DAILYLAW 11068 (ALL)

SHIVAM SONI AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/2493/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37442 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2493 of 2025 Applicant :- Shivam Soni And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Laxmi Narayan Rathour Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Laxmi Narayan Rathour, learned counsel for the applicants, Shri Rajeev Kumar Sonkar, learned State Law Officer for State for the State and perused the record. 2. The present application has been filed to quash the summoning order dated 29.08.2023 in Criminal Case No. 250/2023 arising out of Case Crime No. 321/2023, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.- Kotwali Orai and District- Jalaun, pending in the court of Civil Judge (J.D.)/FTC (Crime Against Women) Jalaun at Orai. 3. It is jointly submitted by learned counsel for the applicant as well as learned counsel for opposite party no. 2 that dispute between the parties is matrimonial in nature now they have settled their dispute amicably and written compromise dated 10.01.2025 has also been entered between them, copy of the same has been annexed as Annexure- 4 to the affidavit. 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. Considering the aforesaid submissions made by both the parties and taking into account the peculiar facts of this case, the present application is disposed of with direction to the applicants to file original deed of compromise before the court below within a period of 15 days and on filing such compromise the court below will verify the same within a period of next two month after summoning the parties and for a period of two and half months or till verification of compromise, whichever is earlier, no coercive measures shall be taken against the applicants in the aforementioned case. 6. The applicants are granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings on the basis of verified compromise. Order Date :- 17.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad