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2025 DAILYLAW 34447 (ALL)

VIJAY KUMAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10333/2025 · 2025-05-04

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71934 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10333 of 2025 Applicant :- Vijay Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ankur Jaiswal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ankur Jaiswal, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issued to the opposite party no. 2. 3. This application u/s 528 of BNSS has been preferred for quashing the entire criminal proceeding of Complaint Case No. 2643 of 2018 (Mohini Gupta vs. Vijay Kumar Gupta and others) under Section 498-A, 323, 506 IPC and Section-4 of D.P. Act, pending before the Court of Judicial Magistrate Orai, District- Jalaun. 4. Learned counsel for the applicants has submitted that though the proceedings were initiated under Sections 498, 323, 506 IPC read with Section 4 of the DP Act being Complaint Case No. 2643/2018 and the applicants was summoned on 30.07.2019 but off late the parties have entered into compromise, a copy whereof is Annexure-3 at page 31 of the paper book on 24.02.2025 reference whereof has been made in para 13. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 5. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 16.05.2025 along with the self attested copy of the present application, certified copy of the order and original copy of the compromise application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 18.07.2025. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the further proceeding of Complaint Case No. 2643 of 2018 (Mohini Gupta vs. Vijay Kumar Gupta and others) under Section 498-A, 323, 506 IPC and Section-4 of D.P. Act, pending before the Court of Judicial Magistrate Orai, District- Jalaun. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 5.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad