BRAJENDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12963/2025 · 2025-04-17
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35751 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35751 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57328 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12963 of 2025 Applicant :- Brajendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Babu Singh Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. A short counter affidavit along with vakalatnama has been filed by Sri Anil Kumar Gupta on behalf of O.P. No.2. 2. Heard Sri Ram Babu Singh, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned A.G.A. and Sri Anil Kumar Gupta (AoR No. A/A 0591/2012) on behalf of O.P. No.2. 3. This is an application under Section 528 of BNSS preferred by the applicants for quashing the summoning order dated 23.01.2016 passed in Complaint Case No. 848 of 2015 (Smt. Sushila Versus Brajendra and others) under Section 498-A of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Kayamganj, District Farrukhabad pending in the Court of Chief Judicial Magistrate, Chhibramau, District- Farrukhabad on the basis of compromise deed dated 12.03.2025. 4. Learned counsel for the applicant submits that a proceeding under Section 498-A IPC read with Section 3/4 of Dowry Prohibition Act, stood lodged against the applicants, who happens to be the husband, father-in-law and mother-in-law being Complaint Case No. 848 of 2015, in which the applicants were summoned. Thereafter the matter was referred for mediation before the District Court, Farrukhabad and while inviting attention towards page-78 to 80, it is being submitted that the parties themselves had got the mediation done and there happens to a recital in the order that the O.P. No.2 is staying with the applicants and there is no differences, however, in the meantime, non-bailable warrants were issued, particularly, when the applicants were under apprehension that now there is no need to participate in the proceedings, as the same could be dropped. Learned counsel for the applicants has invited attention towards Annexure-7, page-84 onwards, reference whereof has been given in para-21 of the application that a compromise has also been entered between the parties out of the Court on 12.03.2025. Thus it is requested that till
the verification is done, protection be accorded to the applicants. 5. Learned A.G.A. as well as learned counsel appearing for O.P. No.2 on the strength of short counter affidavit filed and sworn by the opposite party no.2 supports the contention of the applicants.
6. Having heard the submissions so made across the Bar, the application stands disposed of requiring the applicants / parties to file the original copy of the settlement so accorded out of the Court dated 12.03.2025, along with the self attested copy of the application as well as the counter affidavit filed by O.P. No.2 and the certified copy of the order before the court below by
09.05.2025. On the said process being done, the court below shall fix a date and conclude the proceedings for verification within a period of two months therefrom. 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 proceeding of summoning order dated 23.01.2016 passed in Complaint Case No. 848 of 2015 (Smt. Sushila Versus Brajendra. and others) under Section 498-A of I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Kayamganj, District Farrukhabad pending in the Court of Chief Judicial Magistrate, Chhibramau, District- Farrukhabad. 8. 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 and the parties are free to take legal recourse post outcome of the compromise. 9. Office to return the original compromise to learned counsel for the applicant, subject to retaining photocopy of the same. Order Date :- 18.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad