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2025 DAILYLAW 26229 (ALL)

ANKUR SAXENA v. STATE OF U.P. AND ANOTHER

NA528/7460/2025 · 2025-03-05

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32712 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 7460 of 2025 Applicant :- Ankur Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Kumar Pal Counsel for Opposite Party :- G.A. Hon'ble Mrs. Manju Rani Chauhan,J. Heard Sri Ram Kumar Pal, learned counsel for the applicant, Sri Mayank Awasthi, learned Brief Holder for the State and perused the record. The present 482 Cr.P.C. application has been filed to quash the entire criminal proceedings of Case No. 1668 of 2023 arising out of Case Crime No. 100 of 2022, under Sections 498A, 323, 506 IPC & Section 3/4 D.P. Act, Police Station-Shahganj, District- Agra, pending in the Court of Special Chief Judicial Magistrate, Agra. Earlier, a Coordinate Bench of this Court by order dated 31.05.2023 passed in Application U/s 482 No. 20469 of 2023, granted interim protection to applicant's family members whereas the applicant - Ankur Saxena was directed to appear and seek bail. After being enlarged on bail, the applicant has amicably settled the dispute with his wife - O.P. No. 2 and in this regard the O.P. No. 2 has filed an affidavit that she does not want to proceed with the case in view of the compromise between the parties. In such changed circumstances the present petition has been filed stating that continuance of proceedings under the relevant sections is nothing but an abuse of process of the court. Learned AGA, however, submits that it is the concerned court below, which has to verify the fact as to whether the parties have entered into compromise, hence the applicant may approach the concerned court below and move an application with respect to compromise between the parties, which will be decided in accordance with law. In view of the above, both the parties are directed to appear before the court below along with a certified copy of this order and permitted to file an application along with proper compromise deed. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statement of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. With the aforesaid directions, this application is finally disposed of. Order Date :- 6.3.2025 DS Digitally signed by :- DIGAMBER SINGH High Court of Judicature at Allahabad