BIJNESH AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. HOME LKO. AND ANOTHER
A482/2391/2025 · 2025-04-24
Alok Mathur
body2025
DailyLaw.ai
[ 2025 DAILYLAW 128798 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 128798 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC-LKO:23528 Court No. - 12 Case :- APPLICATION U/S 482 No. - 2391 of 2025 Applicant :- Bijnesh And 3 Others Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Roshan Babu Gupta,Vaibhav Shukla Counsel for Opposite Party :- G.A.,Shiv Kumar Gupta Hon'ble Alok Mathur,J.
1. Supplementary affidavit filed by learned counsel for the applicants, is taken on record. 2. Heard Sri Roshan Babu Gupta, learned counsel for the applicants, Sri Shiv Kumar Gupta, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the impugned summoning order dated 30.01.2025 in Complaint Case No.332 of 2024, (Smt. Sheetal vs. Bijnesh and others), under Sections 498-A IPC and 4 Dowry Prohibition Act and to quash the entire proceeding in the aforesaid complaint case. 4. It has been jointly submitted by learned counsel for the parties that both the parties have entered into a compromise on
17.04.2025. Accordingly, they have prayed for quashing of the proceedings in Complaint Case No.332 of 202 (Smt. Sheetal vs. Bijnesh and others), under Sections 498-A IPC and 4 Dowry Prohibition Act, pending in the court of learned Additional Chief Judicial (Court No.II), Sitapur. The compromise which has taken place between the parties is also filed before this Court as Annexure No. S.A.-02 to the Supplementary affidavit. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the trial court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise requiring their personal presence and, thereafter,
proceed to verify the compromise. If the aforesaid compromise is verified, a report to that effect shall be prepared by the court and the compromise will be made part of the record. 7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 8.
For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. 10. Office is directed that certified copy of documents filed by the applicants may also be returned to him by retaining photostat copy of the same on record. [Alok Mathur,J.] Order Date :- 24.4.2025 KR Digitally signed by :- RABINDRA KUMAR High Court of Judicature at Allahabad, Lucknow Bench