DIGVIJAY ALIAS ASHISH VERMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/33068/2025 · 2025-10-14
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[ 2025 DAILYLAW 191033 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 191033 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 33068 of 2025 Court No. - 79 HON'BLE ANISH KUMAR GUPTA, J.
1. Heard Sri Vinod Kumar Tripathi, learned counsel for the applicants, Sri Vaibhav Tripathi, learned counsel for the opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge sheet no 154925 of 2024 dated 08.10.2024 under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act in Case Crime No.127 of 2024 under Sections 498- A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Babupurwa, District Kanpur Nagar alongwith cognizance & summoning order dated 16.12.2024 passed by Judicial Magistrate-09, District Kanpur Nagar in Criminal Case No. 154925 of 2023 (State Vs. Digvijay @ Ashish Verma & 3 others) under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act in Case Crime No. 127 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Babupurwa, District Kanpur Nagar pending in the Court of Judicial Magistrate, Court No. 10, Kanpur Nagar. 3. Learned counsel of the applicants submits that the instant case is arising out of the matrimonial dispute between the applicant no. 1 and the Opposite Party No. 2. However, during the pendency of the case before the trial court, the parties have settled their dispute amicably and a compromise dated 8.4.2025 was executed between the parties. During the pendency of this case, parties have settled their dispute amicably. 4. Vide order dated 2.9.2025 this Court has directed the parties to appear before the trial court and submit the compromise for verification. Accordingly, parties have appeared before the trial court on 16.9.2025 and submit compromise which has been duly verified vide order dated 20.9.2025 by the trial court, certified copy of the compromise dated 8.4.2025 is on record as Annexure-6. 5. Relying upon the aforesaid submissions, learned counsel for the applicants seeks quashing of the entire proceedings of the aforesaid case as the matter has already been Versus Counsel for Applicant(s) : Udisha Tripathi, Vinod Kumar Tripathi Counsel for Opposite Party(s) : G.A., Vaibhav Tripathi Digvijay Alias Ashish Verma And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
settled between the parties on the basis of the compromise. 6.
Learned counsel for opposite party no.2 admits the aforesaid facts regarding execution of compromise and its verification as well. He also supports the prayer for quashing of the entire proceedings against the applicants in the instant case in view of the compromise arrived at between the parties. 7. Sri Kamlesh Kumar Tripathi, looking at the facts and circumstances of the case and its settlement and verification of the compromise, does not oppose the prayer for quashing of the criminal proceedings of the instant case against the applicants herein. 8. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record of the case, it is apparent that applicant no. 1 is the husband of the opposite party no.2. There was a matrimonial dispute between the parties which has amicably been settled. 9. Since it was a matrimonial dispute between the parties, which has been amicably settled and the compromise executed has been verified by the trial court, therefore, in the considered opinion of this Court, no fruitful purpose will be served by keeping the criminal proceeding pending against the applicants herein. Thus, in the light of the judgment of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors.
vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the charge sheet no 154925 of 2024 dated 08.10.2024 under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act in Case Crime No.127 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Babupurwa, District Kanpur Nagar alongwith cognizance & summoning order dated 16.12.2024 passed by Judicial Magistrate-09, District Kanpur Nagar in Criminal Case No. 154925 of 2023 (State Vs. Digvijay @ Ashish Verma & 3 others) under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act in Case Crime No. 127 of 2024 under Sections 498-A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, Police Station Babupurwa, District Kanpur Nagar pending in the Court of Judicial Magistrate, Court No. 10, Kanpur Nagar are hereby quashed. October 15, 2025 n.u. NA528 No. 33068 of 2025 2 (Anish Kumar Gupta,J.)
Digitally signed by :- NASEEM UDDIN High Court of Judicature at Allahabad