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Neutral Citation No. - 2025:AHC:37252 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8366 of 2025 Applicant :- Mukesh And 2 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Kulveer Singh Counsel for Opposite Party :- G.A.,Sunder Singh Hon'ble Arun Kumar Singh Deshwal,J.
1. Counter affidavit filed on behalf of opposite party no.2 is taken on record.
2. Heard Sri Kulveer Singh, learned counsel for the applicants, Sri Sunder Singh, learned counsel for the opposite party no.2 and Sri Pushpendra Singh Jadon, learned AGA for the State.
3. The instant application has been filed for quashing the summoning order dated 28.05.2016 as well as Non-bailable warrant dated 06.04.2023 including the entire proceeding of Criminal Case No.6551 of 2016, arising out of Case Crime No.1613 of 2015, under Sections 498A, 328 I.P.C., Police Station Nai Mandi, District Muzaffarnagar.
4. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and living together as husband and wife since 2016. They have also filed an affidavit before the court below that they have settled their dispute amicably even then impugned proceeding has been pending. It has been requested that the impugned proceeding may be quashed on the basis of aforesaid compromise.
5. Learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The compromise should be verified by the court below before quashing the impugned proceeding.
6. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within next one month after summoning the
parties.
7. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case.
8. 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.
9. With the aforesaid direction, the present application is disposed of. Order Date :- 17.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad