Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41337 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 9099 of 2025 Applicant :- Dinesh Chand Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. A short counter affidavit has been filed by Sri Gulab Chandra on behalf of O.P. No.2. 2. Heard Sri Ishwar Chandra Srivastava, learned counsel for the applicant, Sri Bhuwal Vishwakarma, learned A.G.A. for the State and Sri Gulab Chandra, who appears for O.P. No. 2. Sri Gulab Chandra has made a statement at Bar that he has filed his vakalatnama on 20.03.2025, however the same is not on record, as such his name is not showing from the side of O.P. no.2, but reflected in the case status. 3. This is an application u/s 528 BNSS preferred by the applicant for quashing the proceedings of Complaint Case No. 676 of 2022 (Anita Vs. Dinesh Chand), under section 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act Police Station Sadar Bazar, District Agra, pending in the court of learned Additional Chief the Judicial Magistrate, Court No. 7 Agra on basis of compromise dated
08.01.2025. 4. Learned counsel for the applicant has submitted that a complaint stood lodged by O.P. No.2 under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, pursuant whereto, summons were issued on 12.07.2024 against the applicants. However, a compromise stood entered into between the parties which is Annexure-4 at page 36 of the paper-book on 08.01.2025, which stands reflected in the order-sheet by virtue of the order dated
08.01.2025. The prayer made in the present application is that till the verification is done, interim protection be accorded to the applicant. 5. Sri Gulab Chandra, who appears for the O.P. No.2, while inviting the attention of the Court towards paragraph-2 of the short counter affidavit dated 07.03.2025 submits that compromise has been entered into between the parties. 6. Learned A.G.A. does not dispute the said fact. 7. Considering the submissions so made across the Bar, the application stands disposed of requiring the applicant to submit a certified copy of the order as well as self-attested copy of the present application before the court below by 04.04.2025. On the said motion, the court below shall undertake the process of verification, which should be concluded by 23.05.2025. 8.
Till the verification process is concluded, no coercive action shall be taken against the applicant in Complaint Case No. 676 of 2022 (Anita Vs. Dinesh Chand), under section 498A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act Police Station Sadar Bazar, District Agra, pending in the court of learned Additional Chief the Judicial Magistrate, Court No. 7 Agra. 9. In case of default, interim protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 21.3.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad