SANJAY SHARMA ALIAS SIKKE AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8775/2025 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30242 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30242 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40185 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8775 of 2025 Applicant :- Sanjay Sharma Alias Sikke And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jitendra Singh,Vikesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Jitendra Singh, learned counsel for the applicants; Sri Antim Tiwari, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed to quash the Charge sheet dated 1.9.2023 as well as summoning order dated 20.9.2023 and the entire proceedings of Computer Case No.5310 of 2023, arising out of Case Crime No.242 of 2023, under Sections 498A I.P.C. and Section 3/4 D.P. Act, Police Station- Loni Border, District- Ghaziabad as well as order dated 19.12.2024.
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 both the parties have settled their dispute amicably and entered into compromise dated 22.10.2024. 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 court below is directed to 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.
6. 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.
7. 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.
8. 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