MUKESH CHANDRA MISHRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7964/2025 · 2025-03-19
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 26519 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 26519 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:44026 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7964 of 2025 Applicant :- Mukesh Chandra Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Dubey,Santosh Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Kunal Singh, Advocate, holding brief of Sri Krishna Kant Dubey, learned counsel for the applicants and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding including chargesheet dated 08.08.2015 and the learned court below has taken cognizance on dated 07.10.2015 in Case No.3053 of 2015 (State Versus Mukesh Chandra Mishra and others), registered with case crime no.05 of 2015, u/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, Police Station- Mahila Thana, District- Gautam Buddha Nagar, pending in the court of learned Additional Civil Judge (J.D.)2/Judicial Magistrate, Gautam Buddha Nagar, on the basis of compromise dated 27.01.2025. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 27.01.2025 has also been entered into between them. Copy of the same has been annexed as Annexure No.5 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the
ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 27.01.2025 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. For a period of two months, no coercive action shall be taken against the applicants. 7. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 20.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad