SMT. NISHA PRAVEEN AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6715/2025 · 2025-04-01
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 24127 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 24127 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:45736 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6715 of 2025 Applicant :- Smt. Nisha Praveen And 7 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhuvnesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Shri Abhishek Tiwari holding brief of Shri Bhuvnesh Kumar Singh,
learned counsel for the applicants, Shri Deep Raj Yadav holding brief of Shri Amar Jeet Singh, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State.
2. The instant application has been filed to quash the entire proceedings of Criminal Case No.21021/2023, arising out of Crime No. 17/2021, under Sections 323, 324, 496, 504, 506, 120-B, I.P.C., Police Station Sherkot, District- Bijnor and charge sheet dated 17.05.2021 and cognizance order dated 28.08.2023.
3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 22.12.2023 is reduced to written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise.
5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law.
6. For a period of two months or till verification of compromise, whichever is
earlier, no coercive action shall be taken against the applicants in the aforesaid case.
7. However, 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, if need arises.
8. With the aforesaid direction, the present application is disposed of.
Order Date :- 2.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad