AMRITPAL SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6064/2025 · 2025-03-04
Arun Kumar Singh Deshwal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 18754 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18754 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:31676 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6064 of 2025 Applicant :- Amritpal Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Shri Kshitij Tiwari, learned counsel for opposite party no. 2 today in the Court, is taken on record.
2. Heard Sri Mahesh Kumar Shukla, learned counsel for the applicants, Shri Kshitij Tiwari, 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.
3. The present application has been filed to quash the impugned summoning order dated 20.10.2023 in Complaint Case No. 27450 of 2022, under Sections 498-A, 323, 504, 506, I.P.C. and Section 3/4 D.P. Act, P.S.- Kotwali, District- Ghazipur, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate Court No. 6, Ghazipur.
4. 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 13.01.2025 and a copy of the same has already been filed before the court below and photocopy of the same has been annexed as Annexure No. 3 to this application and it is also prayed that on the basis of compromise, impugned proceeding may be quashed
5. However, learned counsel for the opposite party no. 2 and learned A.G.A. have 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.
6. 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.
7. 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.
8. 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. Order Date :- 5.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad