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2025 DAILYLAW 21717 (ALL)

ASHLAM AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6259/2025 · 2025-03-05

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32858 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6259 of 2025 Applicant :- Ashlam And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Counsel for Opposite Party :- Ravi Kant Yadav,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dharmendra Kumar, learned counsel for the applicants, Sri Ravi Kant Yadav, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The instant application under Section 482 Cr.P.C./528 BNSS has been filed for quashing the summoning order dated 09.05.2019 passed by Additional Chief Judicial Magistrate, Court No.8, Ghaziabad as well as entire proceeding of Complaint Case No.2378 of 2018, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station- Mahila Thana, District Ghaziabad. 3. Contention of learned counsel for the applicants is that the applicants has challenged the impugned proceeding through Application u/s 482 No.47036 of 2019 and matter was referred to mediation centre vide order dated 19.12.2019 but mediation has failed. Now the parties have settled their dispute and a written compromise dated 13.09.2024 has also entered into between the parties. A copy of the same has been annexed at page 38 of the affidavit. It is further submitted that the applicants and opposite party no.2 has also filed an application dated 15.10.2024 before the court below to withdraw the impugned complaint in view of agreement dated 13.09.2024. Therefore, for that reason, the applicant has filed fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of compromise. 4. Learned counsel for the opposite party no.2 as well as learned AGA could not dispute the aforesaid fact. 5. Though this Court has deprecated such practice of filing second application u/s 482 Cr.P.C./528 BNSS under the garb of compromise because in such cases, application should have been filed in pending application u/s 482 Cr.P.C. However, taking the lenient view of the matter, this Court directs the court below to verify the compromise deed dated 13.09.2024 after summoning the parties within a period of two months from the date of receive a copy of this order. After verifying the same, the court below will provide a certified copy of the verified compromise to the parties. 6. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. 7. It is further provided that the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise. 8. With the aforesaid direction, the application is disposed of. Order Date :- 6.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad