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2025 DAILYLAW 21484 (ALL)

KARUN KUMAR BALIYAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6130/2025 · 2025-04-10

Arun Kumar Singh Deshwal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:54845 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6130 of 2025 Applicant :- Karun Kumar Baliyan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kapil Dev Dubey,Pratikdhar Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Pratikdhar Dwivedi, learned counsel for the applicants and Sri Anupam Srivastava, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Case No.8152/2018 (State Vs. Karun Baliyan And other) and Case No.- 8601/2020 (State Vs. Karun Kumar Baliyan and others) arising out of Case Crime No. 0062/2018, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Muzaffarnagar and charge sheets dated 01.12.2018, 11.07.2020 and summoning orders dated 24.12.2018, 16.09.2020. 3. It is submitted by learned counsel for the applicants that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law. 6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 7. 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. Order Date :- 11.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad