RAJESH KESARWANI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11991/2025 · 2025-04-10
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34638 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34638 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:54111 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11991 of 2025 Applicant :- Rajesh Kesarwani And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Babu Vaish Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shyam Babu Vaish, learned counsel for the applicants and Sri Sandeep Chaudhary, learned AGA for the State. 2. The instant application has been filed for quashing the cognizance order dated 19.08.2021 as well as entire proceeding of Criminal Case No.175 of 2021, arising out of Case Crime No.650 of 2018, under Sections 498A, 323, 504, 506 I.P.C., Police Station Mahila Thana, District Prayagraj, pending in the court of Additional Civil Judge(J.D.), Court No.21, Prayagraj. 3. Learned counsel for the applicants submitted that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 31.01.2025 is reduced in written compromise and also annexed at page 51 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 5. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 6. For a period of two and half months or till verification of compromise, whichever is earlier, no coercive action shall be taken
against the applicants in the aforesaid case. 7. 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. 8. Office is directed to return the certified copy of the compromise to the applicants after retaining a photo copy of the same. 9.
With the aforesaid direction, the present application is disposed of. Order Date :- 11.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad