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2025 DAILYLAW 32830 (ALL)

KSHITIJ ALIAS AMREESH PANDEY AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10472/2025 · 2025-03-31

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44516 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10472 of 2025 Applicant :- Kshitij Alias Amreesh Pandey And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shatrughan Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama, filed by Sri Deepak Singh, learned counsel for opposite party No.2, is taken on record. 2. Heard Sri Shatrughan Yadav, learned counsel for the applicants; Sri Vinay Kumar, Advocate holding brief of Sri Deepak Singh, learned counsel for opposite party No.2 and Sri Ramesh Kumar learned A.G.A. for the State. 3. This application has been filed to quash the entire proceeding of Case No. 2524 of 2019, arising out of case crime No. 912 of 2018, under Section 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Naubasta, District Kanpur Nagar, including charge sheet dated 10.1.2019 and summoning order dated 14.2.2019. 4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise on 5.3.2025. It is further submitted that the said compromise has already been filed before the court below. 5. Though learned counsel for opposite party No.2 did not dispute the above fact, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 6. 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. 7. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant 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 :- 1.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad