BHARAT BHUSHAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8345/2025 · 2025-03-16
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29021 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29021 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:36960 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8345 of 2025 Applicant :- Bharat Bhushan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharam Singh,Kumari Poonam Rajpoot,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms Anita, Advocate, holding brief of Sri Prem Babu Verma, learned counsel for the applicants, Sri Brijesh Yadav,
learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the impugned summoning order dated 18.1.2025 passed by the learned C.J. (J.D.)/F.T.C. IInd/J.M. Hapur, under Sections- 498A, 323, 504 and 506 IPC and Section-3/4 of D.P. Act, Police Station-Mahila Thana, District-Hapur as well as entire proceeding of Case No.07 of 2025, State Vs. Bharat Bhushan and others, arising out of Case Crime No.44 of 2024, Police Station-Mahila Thana, District-Hapur, pending before learned C.J. (J.D.)/F.T.C. IInd/J.M. Hapur.
3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 02.11.2024 has also been entered into between them. Though, copy of the same has been given to Investigating Officer but Investigating Officer instead of considering the same, erroneously filed impugned chargesheet.
4. Per contra, learned AGA has raised a preliminary objection that after filing of the chargesheet, compromise is yet to be verified by the court below, therefore, proceeding cannot be quashed on the basis of compromise entered into during investigation.
5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.
6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 17.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad