YOGESH CHANDRA BAGGA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8611/2025 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29764 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29764 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:38485 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8611 of 2025 Applicant :- Yogesh Chandra Bagga And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sayujya Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Short counter affidavit as well as Vakalatnama have been filed by Sri Raunak Tiwari, Advocate are taken on record. 2. Heard Sri Sayujya Singh, learned counsel for the applicants, Sri Raunak Tiwari, learned counsel for the opposite party no.2 and Sri Ramesh Kumar, learned AGA for the State. 3. The instant application has been filed to stay the effect and operation of the entire proceedings of Criminal Case No.74170 of 2024, arising out of Case Crime No.9 of 2024, under Sections 498A, 354, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Kakadev, District Central Commissionerate Kanpur Nagar. 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 entered into compromise. The aforesaid compromise dated 05.12.2024 is reduced in written compromise and also annexed at page 65 of the affidavit. 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. 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 and it has not been signed by the applicant nos.2 and 3. 6. 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. 7. 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. 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 :- 18.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad