BABITA @ YASHIKA AND ANOTHER v. STATE OF U.P. THRU. PRIN. SECY. HOME, LKO. AND 2 OTHERS
A482/7487/2025 · 2025-09-09
Saurabh Lavania
body2025
DailyLaw.ai
[ 2025 DAILYLAW 162629 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 162629 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 482 No. - 7487 of 2025 Court No. - 11 HON'BLE SAURABH LAVANIA, J. Sri Mukesh Sharma, Advocate has put in appearance for the private opposite party Nos. 2 & 3 and has filed his Vakalatnama in the Court today, which is taken on record. Heard learned counsel for the parties and perused the record. Instant application has been preferred by the applicant(s) for the following main relief(s):-
"i. To allow the petition U/S 482 Crpc (now 528 BNSS) and issue an
order or direction to quash the summoning order dated-21/01/2023, passed by the LD. Court of Civil Judge (Junior Division), F.T.C/ Judicial Magistrate (Crime Against Women), Etawah, pending before the LD. Court of Judicial Magistrate-I Lucknow, as well as the entire proceedings of In-Re complaint case no. 3948/2021, Nirmala Devi -VS- Babita @ Yasika and another, pending before the LD. Court of Judicial Magistrate- I, Lucknow under section 406 323, 504 of Indian penal code, District- Lucknow. Annexed as Annexure No.-2 in this petition. ii. To allow the petition U/S 482 crpc (now 528 BNSS) and issue an order or direction to quash the order dated-25/08/2022, passed by the LD. Court of Civil Judge (Junior Division), F.T.C/ Judicial Magistrate (Crime Against Women), Lucknow, in complaint case no. 18/2021, Babita Bajpai @ Yasika Bajpai VS Vivek Dixit and another, as well as the entire Versus Counsel for Applicant(s) : Neeraj Shukla Counsel for Opposite Party(s) : G.A. Babita @ Yashika And Another .....Applicant(s) State Of U.P. Thru. Prin. Secy. Home, Lko. And 2 Others .....Opposite Party(s)
proceedings of In-Re complaint case no. 18/2021, Babita Bajpai @ Yasika Bajpai VS Vivek Dixit and another, pending before the pending before the LD. Court of Civil Judge (Junior Division), F.T.C/ Judicial Magistrate (Crime Against Women), Lucknow, under section 498A, 323, 504 of Indian penal code and 3/4 of DP Act, District-Lucknow. Annexed as Annexure No.5 in this Petition." It is stated that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No. 6 to the present application. As such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings in issue shall appear and file the compromise before the concerned court within four week's from today.
(ii) If the parties appear before the concerned court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned court shall conclude the process of verification of compromise within two week's from the date of production of copy of this
order. (iv) The concerned court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. A482 No. 7487 of 2025 2
(vi) Office is directed to provide original compromise, if any, to the counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. September 9, 2025 Arun/- A482 No. 7487 of 2025 3 (Saurabh Lavania,J.) Digitally signed by :- ARUN KUMAR GANGWAR High Court of Judicature at Allahabad, Lucknow Bench