Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 24670 (ALL)

SACHIN YADAV AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6908/2025 · 2025-03-03

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:30935 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 6908 of 2025 Applicant :- Sachin Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lavkush Dixit Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Krishna Kant Dubey on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Lavkush Dixit, learned counsel for the applicants, Sri Krishna Kant Dubey, learned counsel for the opposite party no. 2 and Sri Sandeep Chaudhary, learned A.G.A. for the State. 3. The present application has been filed to quash the entire proceeding including summoning order dated 01.02.2025 passed by Civil Judge (J.D.) FTC/Judicial Magistrate (Crime against Women), Etawah in Complaint Case No. 3747 of 2023 (Soni Devi Vs. Sachin Yadav and other) u/s 498-A, 354, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Civil Lines, District- Etawah, pending before Civil Judge (J.D.) FTC/Judicial Magistrate (Crime against Women), Etawah on the basis of 13(B) Hindu Marriage Act. 4. Learned counsel for the applicants and learned counsel for the opposite party no. 2 have jointly submitted that parties have settled their dispute amicably and on the basis of compromise, they have filed application u/s 13-B of Hindu Marriage Act which is pending and a request is made that the impugned proceeding may be quashed as parties have settled their dispute amicably. 5. However, learned A.G.A. raised preliminary objection that there is no written compromise on record. Therefore, proceeding cannot be quashed on the basis of statement of learned counsel for the opposite party no. 2. 6. Considering the submissions of learned counsel for the parties and on perusal of record, it transpires that parties have settled their dispute on the basis of mutual consent. They have filed application u/s 13-B of Hindu Marriage Act which is pending. 7. Accordingly, the present application is disposed of with direction to the parties to file written compromise before the court below within a period of 15 days. In case such compromise is filed, the court below will verify the same after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will terminate the impugned proceedings on the basis of verified compromise and will also permit the parties to obtain certified copy of the same. The aforesaid exercise shall be carried by the court below within a period of two months. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. It is further provided that applicants are at liberty to file fresh application u/s 528 BNSS, if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 4.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad