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2025 DAILYLAW 27706 (ALL)

JAYDAYAL SINGH AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/7834/2025 · 2025-04-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47617 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7834 of 2025 Applicant :- Jaydayal Singh And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Kumar Counsel for Opposite Party :- Ashutosh Kumar Mishra,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Umesh Kumar, learned counsel for the applicants, Sri Nitesh Mishra, Advocate holding brief of Sri Ashutosh Kumar Mishra, learned counsel for opposite party no.2 and Sri Brijesh Kumar Dwivedi, learned AGA for the State. 2. The instant application has been filed to quash the charge sheet no.214 of 2024 dated 14.09.2024, cognizance order dated 20.01.2025 as well as entire proceedings of Criminal Case No.44 of 2025, arising out of Case Crime No.154 of 2024 (State Vs. Jaydayal Singh and another), under Sections 498-A, 323, 506 IPC and Section 3/4 D.P. Act, against applicant no.1 and under Sections 323, 506 IPC, against applicant no.2, Police Station Jalesar, District Etah, pending in the court of Additional Chief Judicial Magistrate, Jalesar, District Etah. 3. Learned counsel for the applicants submitted that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 14.02.2025 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, 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, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 3.4.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad