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2025 DAILYLAW 30200 (ALL)

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

NA528/8722/2025 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40117 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8722 of 2025 Applicant :- Vikas Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rohit Kumar Singh, learned counsel for the applicants, Sri Sandeep Kr. Singh, learned counsel for the opposite party no.2 and Sri Sheetla Prasad, learned State Law Officer. 2. The instant application has been filed to quash the summoning order dated 1.2.2025 as well as further proceeding of case No. 3152 of 2025 arising out of case crime No. 521 of 2019, u/s 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Sahapur, District Gorakhpur, including the charge sheet dated 11.9.2020. 3. 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 16.1.2025 is reduced in written compromise and also annexed at page 34 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. 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. 5. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order. 7. For a period of two and a half 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 :- 19.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad