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2025 DAILYLAW 25133 (ALL)

SMT. NEELAM MAURYA v. STATE OF UP AND ANOTHER

A482/18603/2019 · 2025-02-27

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:29002 Court No. - 77 Case :- APPLICATION U/S 482 No. - 18603 of 2019 Applicant :- Smt. Neelam Maurya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Maurya,V.K. Baranwal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pramod Kumar Maurya, learned counsel for the applicant, Shri Manoj Kumar, learned counsel for opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Criminal Case No. 1062 of 2016 (State Vs. Neeelam Maurya) arising out of N.C.R. No. 133 of 2015, under Sections 323, 504 IPC, P.S.- Kotwali Nagar, District- Mau, pending in the court of Chief Judicial Magistrate, District-Mau. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 02.02.2023 and a copy of the same has already been filed before the court of Additional Principal Judge, Family Court-III, Deoria and photocopy of the same has been annexed as Annexure No. SA-1 to this application and it is also prayed that on the basis of compromise, impugned may be quashed. 4. However, learned counsel for the opposite party no. 2 as well as learned A.G.A. submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months from the date of receiving the copy of the order and for a period of two months, no coercive action shall be taken against the applicant. 7. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 28.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad