ABHISHEK PANDEY AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4335/2025 · 2025-04-27
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 16630 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16630 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:65618 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4335 of 2025 Applicant :- Abhishek Pandey And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hari Narayan Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Hari Narayan Singh, learned counsel for the applicants and Ms Ruchi Mishra, learned State Law Officer for the State.
2. The present application has been filed to quash the entire proceedings of Criminal Case No.1800 of 2024 (State vs. Abhishek Pandey and others) arising out of Case Crime No. 732 of 2020, under Sections 498-A, 504, 377, 376, 342, 323, 506 IPC, Police Station- Sahjanwa, District-Gorakhpur including charge sheet dated 21.11.2022 as well as cognizance / summoning order dated 17.01.2025 passed by learned Civil Judge (Senior Division), Gorakhpur, pending in the court of Civil Judge (Senior Division), Gorakhpur.
3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably. On the basis of compromise, an application u/s 13B of the Hindu Marriage Act, 1955 was also filed before the Principal Judge, Family Court, Gorakhpur in which it is mentioned that parties will cooperate to terminate the criminal proceeding of the impugned case also.
4. In view of the above fact, present application is disposed of
with a direction to the applicants to file compromise application along with compromise deed before the court below within a period of two weeks.
5. In case such application is filed, the court below will verify the same after summoning the parties and on verification of the aforesaid compromise, court below will terminate the impugned proceeding on the basis of compromise.
6. The aforesaid exercise shall be concluded by the court below, within a period of two months from the date of filing the compromise by the applicants.
7. For a period of two months or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicants.
8. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise, if need arises. Order Date :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad