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2025 DAILYLAW 24791 (ALL)

KANISHK PATHAK AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7655/2025 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38285 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7655 of 2025 Applicant :- Kanishk Pathak And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Gaur Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sunil Kr. Gaur, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the entire proceeding of case No. 13794 of 2024, arising out of case crime No. 34 of 2024, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Trans Yamuna, District Agra. 3. Contention of learned counsel for the applicants is that applicant No.2 is the husband of opposite party no.2 and the impugned proceeding is culmination of matrimonial discord between the applicant No.2 and opposite party No.2. Now the parties have settled their dispute amicably and a written compromise dated 7.12.2024 has also entered into between the parties which has already been filed before the court below. It is, therefore, prayed that the proceedings may be quashed on the basis of the compromise. 4. Learned A.G.A. points out that the aforesaid compromise is yet to be verified. 5. Considering the aforesaid facts and circumstances, the application is disposed of with a direction to the court below to verify the said compromise after summoning the parties and after verification of the same, it will dispose of the case on the basis of verified compromise. This exercise shall be completed by the court below within a period of two months from the date of receipt of a copy of this order. 6. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. 7. Parties are at liberty to file fresh application u/s 528 B.N.S.S. to quash impugned proceeding on the basis of verified compromise, if need arises. Order Date :- 18.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad