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2025 DAILYLAW 164114 (ALL)

KULBHUSHAN SRIVASTAVA AND ANOTHER v. STATE OF U.P. THRU. ITS PRIN. SECY. HOME LKO. AND ANOTHER

NA528/1215/2025 · 2025-09-11

Shree Prakash Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1215 of 2025 Court No. - 14 HON'BLE SHREE PRAKASH SINGH, J. Vakalatnama filed today by Sri Pranesh Misra and Ms. Shruti Dixit, Advocates, on behalf of opposite party no. 2 is taken on record. Heard learned counsel for the applicants, Sri Pranesh Misra and Ms. Shruti Dixit, learned counsel appearing for opposite party no. 2 and learned AGA for the State as well as perused the record. The instant application under Section 528 of BNSS has been filed with the prayer to quash the chargesheet dated 04.11.2024 and summoning order dated 10.02.2025 as well as entire proceedings of (State of U.P. Vs. Kulbhushan Srivastava & Another), arising out of Case Crime No. 326 of 2024, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Krishna Nagar, District Lucknow, pending before the court of ACJM, 7th, Lucknow, on the basis of compromise deed dated 26.08.2025. Learned counsel appearing for the applicants submits that the dispute is purely civil in nature, as there is a matrimonial dispute in between the husband and the wife and due to which the instant FIR has been lodged and criminal proceedings have been initiated against the applicants and it is harassment of the family members including the husband. He next added that thereafter, the parties sat together and have amicably compromised their dispute. The compromise deed has been reduced in writing on 26.08.2025, which has been annexed as Versus Counsel for Applicant(s) : Tauseef Ali Ansari, Faizal Hashmi Counsel for Opposite Party(s) : G.A., Pranesh Misra Kulbhushan Srivastava And Another .....Applicant(s) State Of U.P. Thru. Its Prin. Secy. Home Lko. And Another .....Opposite Party(s) Annexure No. 4 to the instant application. He next added that now there is no grievance in between the parties with each other and the criminal proceedings against the applicants are the futile exercise as there is no fate of trial and that is amount to harassment of the applicants and thus, the criminal proceedings against the applicants may be quashed. On the other hand, learned counsel appearing for the opposite party no. 2 has supported the version of the learned counsel for the applicants and submits that the parties have settled their dispute amicably through a compromise deed and there is no further grievance of the opposite parties against the present applicants and the criminal proceedings against the applicants may be dropped. Learned AGA appearing for the State has no objection to the contentions aforesaid. Now whether the parties have, in fact, compromised the matter or not, can best be ascertained by the court below as such compromise has to be duly verified in presence of the parties concerned before the Court. Accordingly, this application is disposed of with a direction to the court concerned that if any such compromise is filed before it, it shall issue notices to all the signatories to the compromise deed, requiring their personal presence and, thereafter, proceed to verify the same. 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. It is noticed that mother-in-law has not been made a party in the compromise deed and a joint request has been made by learned counsel for the parties that liberty may be given to mother-in-law to file a fresh compromise deed before the learned trial court at the time of verification of the same. In view of the aforesaid, liberty is given to mother-in-law of opposite party no. 2 to move a fresh compromise deed before the trial court at the time of verification of the compromise deed. The court in that scenario will allow the parties to obtain certified copy NA528 No. 1215 of 2025 2 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. For a period of three months, the proceedings initiated in pursuance of Case Crime No. 326 of 2024, under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station Krishna Nagar, District Lucknow, shall remain stayed, so far as present applicants are concerned. The trial court is further directed for ensuring the fact that all the parties against whom the chargesheet was filed are present before the trial court and a report with respect to this effect shall also be sent alongwith verification order. Office is directed to return back the original compromise deed dated 26.08.2025 to learned counsel for the applicants within a week. September 11, 2025 kkv/ NA528 No. 1215 of 2025 3 (Shree Prakash Singh,J.) Digitally signed by :- KRISHAN KUMAR High Court of Judicature at Allahabad, Lucknow Bench