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2025 DAILYLAW 29440 (ALL)

PRAMOD KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8393/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37690 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8393 of 2025 Applicant :- Pramod Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Sri Abhishek Singh along with Adarsh Kumar Pandey has filed their Vakalatnama on behalf of opposite party no.2 which is taken on record. 2. Heard Sri Sanjay Singh, learned counsel for the applicants, Sri Abhishek Singh, learned counsel for the opposite party no.2 and Sri Padmakar Rai, learned AGA for the State. 3. The instant application has been filed for quashing the summoning order dated 20.01.2024 as well as charge sheet dated 25.12.5022 including the entire proceeding of Case No.63 of 2024, arising out of Case Crime No.453 of 2022, under Sections 498A, 323, 504, 342, 506 I.P.C. and 3/4 D.P. Act, Police Station Swar, District Rampur. 4. Learned counsel for the applicants submitted that 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 06.01.2025 is reduced in written compromise and also annexed at page 65 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though this fact is not disputed by the counsel for the opposite party no.2 but learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid 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 a period of two months 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