Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:31795 Court No. - 77 Case :- APPLICATION U/S 528 BNSS No. - 7128 of 2025 Applicant :- Robin Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Bahadur Singh,Suresh Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Sri Rajesh Kumar Patel, Advocate has filed his Vakalatnama on behalf of opposite party no.2 which is taken on record. 2. Heard Sri Ram Bahadur Singh, learned counsel for the applicant and Sri Rajesh Kumar Patel, learned counsel for the opposite party no.2 and Sri K.K. Tiwary, learned AGA for the State. 3. The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 26.08.2021 as well as entire proceeding of Complaint Case No.4001 of 2021, under Sections 498-A, 323 I.P.C. and 3/4 D.P. Act, Police Station Kavinagar, District Ghaziabad. 4. It is jointly submitted by learned counsel for the applicant as well as learned counsel for the opposite party no.2 that the parties have settled their dispute amicably and entered into written compromise dated 12.02.2025. It is further submitted that original deed of compromise has been filed before the court below but the court below instead of verifying the same, rejected the application for verification of aforesaid compromise on the ground that offence under Section 498A IPC is not compoundable. It is further submitted that this Court, in exercise of power under Section 528 BNSS, can quash the proceeding on the basis of compromise. 5. Learned AGA could not dispute the aforesaid legal position. 6. In view of above, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning both the parties, within a period of two weeks from the date of presentation of a certified copy of this order and after verification of the same, the court below will provide a certified copy of the verified compromise to the parties. 7. For a period of two weeks, no coercive action shall be taken against the applicant in the aforesaid case. 8. It is further provided that 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. 9. With the aforesaid direction, the application is disposed of. Order Date :- 5.3.2025 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad