JAYANTI PRASHAD SHARMA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4450/2025 · 2025-03-09
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18485 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18485 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:35426 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 4450 of 2025 Applicant :- Jayanti Prashad Sharma And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama along with short counter affidavit filed by Sri Jay Prakash Pandey, Advocate on behalf of opposite party No.2, are taken on record.
2. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants, Sri Jay Prakash Pandeyi, learned counsel for opposite party No.2 and Sri P.P. Tiwari, learned A.G.A. for the State.
3. The present application has been filed seeking quashing of entire proceedings as well as summoning order dated 25.02.2006 passed in Complaint Case No.2566 of 2005 (Smt. Sashi Sharma v. Avnish Sharma and others), under Sections 498-A, 504, 506 of I.P.C. and Section 3 and 4 of D.P. Act, Police Station Kotwali, District Etah, pending before learned Civil Judge (J.D.), Court No.23, Etah on the basis of compromise dated 21.01.2025.
4. Contention of learned counsel for the applicants is that the dispute between the parties is purely personal in nature and now both the parties have settled their dispute amicably which was also reduced in a written compromise dated 21.01.2025.
5. 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 15 days.
6. 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.
7. 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.
8. For a period of two months or till disposal of the application, whichever is earlier, no coercive action shall be taken against the applicants.
9. It is further provided that applicants are at liberty to file fresh application u/s 528 BNSS to quash the impugned proceeding on the basis of verified compromise, if need arises. Order Date :- 10.3.2025 A.N. Mishra Digitally signed by :- AMARNATH MISHRA High Court of Judicature at Allahabad