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2025 DAILYLAW 23221 (ALL)

DEVESH KANAUJIA v. STATE OF U.P. AND ANOTHER

NA528/6373/2025 · 2025-05-14

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79876 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 6373 of 2025 Applicant :- Devesh Kanaujia Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjeev Kumar Singh Counsel for Opposite Party :- G.A.,Prasanna Dwivedi Hon'ble Vikas Budhwar,J. 1. Heard Sri Sanjeev Kumar Singh, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS preferred by the applicant for quashing the Complaint Case No. 4674 of 2012 (Mamta Kanaujia versus Devesh Kanaujia and others) arising out of Case Crime No. 487 of 2007, Under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Chakeri, District Kanpur Nagar, pending in the court of Additional Civil Judge (Junior Division) 1st Kanpur Nagar including the summoning order dated 22.11.2014, Police Station Chakeri, District Kanpur Nagar, on the ground of compromise dated 06-04- 2024. 3. Learned counsel for the applicant submits that earlier an FIR stood lodged by the O.P. No.2 against the applicant under Sections 498-A, 323, 504, 506 IPC read with Section 3/4 of D.P. Act, being FIR No.487/2007, on 13.06.2007, in which a final report was submitted on 04.07.2007. Thereafter, a protest petition came to be preferred, pursuant whereto the applicant was summoned, which was subject matter of challenge in Application u/s 482 No.50884 of 2014, Smt. Shashi and others Vs. State of U.P., in which an interim order was granted and application was dismissed on 08.01.2018. 4. Learned counsel for the applicant submits that during the pendency of the aforesaid application, compromise stood entered into between the parties and the application for withdrawal of the proceedings has been submitted on 06.04.2024 before the Court of Addl. Civil Judge (Jr. Div.), Kanpur (Annexure-5 at page 34 of the paper-book), reference whereof at page-11 of the application. Learned counsel for the applicant submits that till the compromise is verified or the application is decided, interim protection be accorded. 5. Learned A.G.A. as well as the counsel appearing for O.P. No.2 do not dispute the said fact. 6. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicant (parties) to appear before the court of Additional Civil Judge (Junior Division) 1st Kanpur Nagar along with the self-attested copy of the application under Section 528 of BNSS and the certified copy of the order by 26.05.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicant in the proceedings of Complaint Case No. 4674 of 2012 (Mamta Kanaujia versus Devesh Kanaujia and others) arising out of Case Crime No. 487 of 2007, Under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961, Police Station Chakeri, District Kanpur Nagar, pending in the court of Additional Civil Judge (Junior Division) 1st Kanpur Nagar including the summoning order dated 22.11.2014. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein. 8. In case of default, protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 15.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad