RITESH SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/3449/2025 · 2025-02-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14509 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14509 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:16475 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 3449 of 2025 Applicant :- Ritesh Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama as well as short counter affidavit filed by Shri Virendra Singh Tomar, Advocate on behalf of opposite party no. 2 today in the Court, is taken on record. 1A. Heard Sri Dheeraj Kumar Singh, learned counsel for the applicant, Shri Virendra Singh Tomar, 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 entire proceedings of Complaint Case No. 7123/2021, under Sections 323, 498-A, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Kotwali, District- Etawah, pending before the Additional Civil Judge (J.D.)-I, Etawah including summoning order dated 07.02.2023, passed by the Civil Judge (J.D.) FTC/Judicial Magistrate (Crime Against Women), Etawah. 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, which was also reduced in written compromise deed dated 21.10.2024 and a copy of the same has already been filed before the court of Civil Judge (Junior Division)/FTC, Judicial Magistrate, (Crime Against Women), Etawah and photocopy of the same has been annexed as
Annexure No. 2 to this application and a divorce decree under Section 13B of Hindu Marriage Act, has also been passed on 06.11.2024 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. 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. 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 :- 5.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad