Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:37839 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8458 of 2025 Applicant :- Sachin Srivastava Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shri Prakash Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shri Prakash Dwivedi, learned counsel for the applicant and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the entire proceeding of of Case No. 3581 of 2015, arising out of case crime No. 25 of 2014, under Sections 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila ThanMahanagar, District Varanasi, including the charge sheet dated 9.5.2015 and charge dated 2.11.2017.
3. Contention of learned counsel for the applicant is that the dispute is matrimonial in nature and now the parties have settled their dispute amicably and a written compromise dated 16.8.2022 has also entered into between the parties which has already been filed before the court below. It is further submitted that the impugned proceeding against other co-accused persons has already been quashed on the basis of the said compromise by order dated 24.4.2024 passed in Application u/s 482 No. 78 of 2016. It is, therefore, prayed that the proceedings may be quashed on the basis of the compromise.
4. Learned A.G.A. points out that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued for verification of the same.
5. Considering the aforesaid facts and circumstances, the application is disposed of with a direction to the court below to verify the said compromise after summoning the parties and after verification of the same, it will dispose of the case on the basis of verified compromise. This exercise shall be completed by the court below within a period of two months from the date of receipt of a copy of this order.
7. For a period of two months, no coercive action shall be taken against the applicant in the aforesaid case.
8. Parties are at liberty to file fresh application u/s 528 B.N.S.S. to quash impugned proceeding on the basis of verified compromise, if need arises. Order Date :- 17.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad