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2025 DAILYLAW 112278 (ALL)

KISHAN LAL AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43791/2024 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37395 Court No. - 75 Case :- APPLICATION U/S 482 No. - 43791 of 2024 Applicant :- Kishan Lal And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pragati,Shaili Ganguly,Vijeta Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Ms. Shaili Ganguly, learned counsel for the applicants, Ms. Vijeta Kushwaha, learned counsel for the opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record. 2. The present application has been filed to quash the summoning order dated 05.04.2023 in Case No. 3142 of 2020 in Case Crime No. 113/2014, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.- Mahila Thana, District- Meerut. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably and written compromise dated 01.06.2017 has been entered between the parties. On the basis of this compromise, husband of the opposite party no. 2 Nand Kishor has been acquitted by order dated 20.09.2017, copy of the same has also been annexed as Annexure- 9 to the affidavit. As the proceeding against the applicants was stayed by this court in Application U/S 482 No. 17842/2015, therefore, trial against the applicants could not be commenced. As the aforesaid application had been dismissed on 21.08.2017, thereafter proceeding of trial had commenced against the present applicants. It is further prayed that on the basis of compromise, impugned proceeding may be quashed. 4. This fact has not been disputed by the counsel for opposite party no. 2. However, learned A.G.A. has raised objection 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 made clear that if compromise is not on record then certified copy of the same may be obtained from the record of the trial of Nand Kishor husband of opposite party no. 2 in Criminal Case No. 4005132 of 2015. 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 applicants are granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 17.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad