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2025 DAILYLAW 32436 (ALL)

DEVANAND CHOURASIA ALIAS DABBU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10742/2025 · 2025-05-21

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87324 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 10742 of 2025 Applicant :- Devanand Chourasia Alias Dabbu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned AGA for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings, including summoning order dated 31.01.2024, of Complaint Case No. 203504 of 2022 (Naina Chaurasia @ Dabbu Vs. Devanand Chourasia and others), under Sections 379, 498A, 323, 504 IPC, P.S. Lanka, District Varanasi, pending in the court of Additional Chief Judicial Magistrate, Court No.3, Varanasi, on the basis of compromise arrived at between the parties. 3. It has been submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2 / complainant and remaining applicants are family members of applicant no. 1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the complainant of the case does not want to pursue the impugned proceedings. The compromise filed by the parties before the trial court concerned, has already been verified by the court, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties. 4. Learned A.G.A. has no objection if parties compromise the matter. 5. I have considered the submissions and perused the record. 6. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed. 7. In view of the aforesaid, entire impugned proceedings, including summoning order, of the aforesaid complaint case against applicants, namely, Devanand Chourasia @ Dabbu, Smt. Rajkumari Devi, Surendra Prasad Chourasia & Nandlal Chourasia are hereby quashed. 8. The application u/s 528 BNSS is allowed. Order Date :- 22.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad