JAMBOO KUMAR JAIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7924/2025 · 2025-03-10
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 23425 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 23425 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:35314 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 7924 of 2025 Applicant :- Jamboo Kumar Jain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aklank Kumar Jain Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Aklank Kumar Jain, learned counsel for the applicants and Sri Anish Kumar Upadhyay, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Complaint Case No.2001 of 2007 (Aamish Agrawal Vs. Jamboo Kumar Jain and Others), under Sections-323, 504 and 506 IPC, Police Station-Kydganj, District-Prayagraj, pending in the court of Additional Chief Judicial Magistrate, 5th, Allahabad, on the basis of compromise dated 28.06.2013.
3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature, though, impugned proceeding has been initiated in the year 2007. Subsequently, parties have settled their dispute amicably and a written compromise dated 28.06.2013 has also been entered into and on the basis of that compromise, proceeding u/s 125 Cr.P.C. has been terminated by the Principal Judge, Family Court, Allahabad in Lok Adalat vide
order dated 13.08.2016. It is also submitted by learned counsel for the applicants that applicants had earlier approached this court challenging the impugned proceeding through an Application u/s 482 No.34048 of 2008 which was
dismissed for want of prosecution on 15.11.2021 and present application has been filed to quash the impugned proceeding on the basis of compromise not on merit, therefore, same is maintainable.
4. Per contra, learned AGA has raised an objection that this compromise is very old, therefore, applicants should file fresh compromise before the court below in the impugned proceeding which may be verified by the court below.
5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file a fresh original deed of compromise before the court of Additional Chief Judicial Magistrate, 5th, Allahabad, within a period of 15 days. In case, such compromise is filed, court below will verify the same, within a period of two months.
6. For a period of two months, no coercive action shall be taken against the applicants.
7. After verification of the compromise, court below may terminate the impugned proceeding on the basis of verified compromise or it may permit the opposite party no.2 to withdraw the complaint u/s 256 Cr.P.C.
8. However, opportunity is also granted to the applicants to file a fresh application u/s 528 of BNSS to quash the impugned proceeding on the basis of verified compromise, if need arises.
Order Date :- 11.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad