Neutral Citation No. - 2025:AHC:134040 Court No. - 75 Case :- APPLICATION U/S 482 No. - 28091 of 2019 Applicant :- Ajay Kumar Banouria And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma,Harish Chandra Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Shri Harish Chandra Mishra, learned counsel for the applicants and Sri S.K. Singh, learned AGA/State Law Officer for the State as well as Shri Rajendra Kumar Maurya, counsel for the opposite party no. 2. 2. This application under Section 482 Cr.PC. has been filed by the applicants to quash the summoning order dated 6.3.2019 passed by the Judicial Magistrate, Court No.1, Jhansi as well as entire proceedings of Complaint Case No.3121 of 2018 (Smt. Neetu Vs. Ajay Kumar Banouriya and others) under Sections 498A, 504, 506, 354Gha, 323, 387, 452 IPC and 3/4 D.P. Act, P.S. Mahila Thana Nawabad, District Jhansi. 3. This Court on 22.07.2019 proceeded to pass the following orders: "1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 6.3.2019 passed by the Judicial Magistrate, Court No.1, Jhansi as well as entire proceedings of Complaint Case No.3121 of 2018 (Smt. Neetu Vs. Ajay Kumar Banouriya and others) under Sections 498A, 504, 506, 354Gha, 323, 387, 452 IPC and 3/4 D.P. Act, P.S. Mahila Thana Nawabad, District Jhansi. 3. Insofar as the applicant no. 1 is concerned, the contention of learned counsel for the applicant is that no offence against the applicant no. 1 is disclosed and the present prosecution has been instituted with a malafide intention for the purpose of causing harassment. He pointed out certain documents and statements in support of his contention. 4. From the perusal of the material on record and looking into the facts of the case at this stage it cannot be said that no offence is made out against the applicant no. 1 at this stage. All the submissions made at the bar, relate to the disputed questions of fact, which cannot be adjudicated upon by this Court under Section 482 Cr.P.C. At this stage only prima facie case is to be seen in the light of the law laid down by Supreme Court in cases of R.P. Kapur Vs. State of Punjab, A.I.R. 1960 S.C. 866, State of Haryana Vs. Bhajan Lal, 1992 SCC (Cr.) 426, State of Bihar Vs. P.P.Sharma, 1992 SCC (Cr.) 192 and lastly Zandu Pharmaceutical Works Ltd. Vs. Mohd. Saraful Haq and another (Para- 10) 2005 SCC (Cr.) 283. 5. The prayer for quashing the summoning order is refused. 6. However, in view of the entirety of facts and circumstances of the case, it is directed that in case the applicant no. 1 appears and surrenders before the court below within 30 days from today and applies for bail, his prayer for bail shall be considered and decided in view of the settled law laid by this Court in the case of Amrawati and another Vs. State of U.P. reported in 2004 (57) ALR 290 as well as judgement passed by Hon'ble Apex Court reported in 2009 (3) ADJ 322 (SC) Lal Kamlendra Pratap Singh Vs. State of U.P. 7. With the aforesaid directions, this application is disposed of against the applicant no. 1 . 8. Insofar as the applicant nos. 2 to 7 are concerned, learned counsel for the applicants submits that there are general and vague allegations against the applicant nos. 2 to 7. 9. Matter requires consideration. 10. Notice on behalf of opposite party no. 1 has been accepted by learned A.G.A. 11. Issue notice to opposite party no. 2, returnable at an early date. 12. Opposite parties may file their counter affidavits within six weeks. Rejoinder affidavit may be filed within two weeks thereafter. 13. List thereafter. 14. Till the next date of listing, further proceedings of the aforesaid case shall remain stayed against the applicant nos. 2 to 7." 4. There is a joint application bearing No. 06 of 2025 dated 15.04.2025 wherein the parties have themselves compromised out of the Court as Annexure-1 at page 11 and onwards reference whereof has been made in paragraph no. 5 of the affidavit dated 25.03.2025. He submits that the compromise application shall be filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, interim protection be accorded. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Judicial Magistrate, Court No.1, Jhansi while filing the original copy of compromise application and a self-attested copy of the present application, supplementary affidavit dated 15.04.2025 and certified copy of the order by 25.08.2025. 7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification with most expedition. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of summoning order dated 6.3.2019 passed by the Judicial Magistrate, Court No.1, Jhansi as well as entire proceedings of Complaint Case No.3121 of 2018 (Smt. Neetu Vs. Ajay Kumar Banouriya and others) under Sections 498A, 504, 506, 354Gha, 323, 387, 452 IPC and 3/4 D.P. Act, P.S. Mahila Thana Nawabad, District Jhansi. 9. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 7.8.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad