RITU SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10654/2025 · 2025-04-02
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35590 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35590 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:46156 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10654 of 2025 Applicant :- Ritu Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Asharaphee Lal,P.K. Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit, filed by learned counsel for the applicants and vakalatnama filed by Sri S.O.V.S. Chauhan, learned counsel for opposite party No.2, are taken on record.
2. Heard Sri P.K. Upadhyay, learned counsel for the applicants; Sri Vishnu Gupta, learned Senior Counsel assisted by Sri S.O.V.S. Chauhan, learned counsel for opposite party No.2; and learned A.G.A. for the State.
3. The instant application has been filed to quash the entire proceeding of case No. 935 of 2024, arising out of case crime No. 118 of 2023, u/s 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Nandgram, district Ghaziabad and charge sheet dated 1.9.2023 as well as cognizance order dated 2.5.2024.
4. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. It has been requested that the impugned proceedings may be quashed on the basis of compromise.
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 applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today.
7. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of
the impugned proceeding in accordance with law.
8. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
9. 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.
10. With the aforesaid direction, the present application is
disposed of.
Order Date :- 3.4.2025/Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad