SUSHIL PANDEY AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6119/2025 · 2025-03-04
Manju Rani Chauhan
body2025
DailyLaw.ai
[ 2025 DAILYLAW 22572 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 22572 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31957 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 6119 of 2025 Applicant :- Sushil Pandey And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Damodar Singh,Devendra Vikram Singh Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Mr. Sanjay Singh, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record. Office is directed to register the same. Heard Mr. Damodar Singh, learned counsel for the applicants, Mr. Sanjay Singh, learned counsel for the opposite party no.2 and Mr. Amit Singh Chauhan, learned A.G.A. for the State. The present application has been filed to quash the entire proceeding of Case Crime No.736 of 2020 (State Vs. Sushil Kumar Pandey and others), under Sections 498A, 323, 504, 506, 376 I.P.C. and Section 3/4 D.P. Act, Police Station-Kotwali, District- Gorakhpur, on the basis of compromise, pending in the court of Additional Chief Judicial Magistrate-I, Gorakhpur.
Learned counsel for the applicants submits that parties have amicably settled their dispute and have entered into compromise after which they have decided to live separately. In this regard, compromise deed on behalf of both the parties has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of said compromise has been annexed as Annexure no.4 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned A.G.A. as well as learned counsel for the opposite party no.2 has no objection to the aforesaid.
In view of the above, the parties are directed to appear before the court below along with copy of compromise deed and certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of.
Order Date :- 5.3.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad