HEMANT PARASAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8657/2025 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 25611 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 25611 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38335 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8657 of 2025 Applicant :- Hemant Parasar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prem Shankar Sharma Counsel for Opposite Party :- Avaneendra Kumar,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Prem Shankar Sharma, learned counsel for the applicants, Sri Avaneendra Kumar, learned counsel for opposite party No.2 and Sri Ajay Kr. Srivastava, learned State Law Officer. 2. The instant application has been filed seeking quashing of the entire proceeding of session trial No. 2385 of 2023, arising out of case crime No. 28 of 2022, under Sections 498-A, 323/34, 504, 506, 376 IPC and Section 3/4 D.P. Act, P.S. Aagauta, District Bulandshahr. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party No.2 that the dispute is matrimonial in nature and now the parties have settled their dispute amicably and a written compromise dated 15.10.2024 has also entered into between the parties. It is further submitted that though charge sheet has been filed against applicant No.3 who is father-in-law of opposite party No.2 under Section 376 IPC, but that has been filed merely on the basis of exaggerated allegation. The dispute is purely matrimonial in nature. This fact was also admitted by opposite party No.2 in the compromise dated 15.10.2024. 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 by the court below and unless the aforesaid compromise is verified, the impugned proceeding cannot be quashed. 5. Considering the aforesaid facts and circumstances, the application is disposed of with a direction to the applicants to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicants, the court
below will verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order. 7. For a period of two and a half months or till verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8.
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. Order Date :- 18.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad