NITESH SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/685/2025 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 3578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 3578 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40126 Court No. - 75 Case :- APPLICATION U/S 482 No. - 685 of 2025 Applicant :- Nitesh Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Goyal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Shubham Kumar, learned counsel for opposite party no.2 along with short counter affidavit is taken on record.
2. Heard Sri Akash Garg, Advocate holding brief of Sri Ashish Goyal, learned counsel for the applicants, Sri Shubham Kumar,
learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State.
3. The present application has been filed to quash the impugned cognizance/summoning order dated 16.9.2023 passed by the learned Additional Chief Judicial Magistrate, FTC, Farrukhabad, under Sections-498A, 323, 354 and 506 IPC and Section-3/4 of D.P. Act, Police Station-Mahila Thana, District-Farrukhabad as well as entire proceeding of Case No. 1094 of 2023, arising out of Case Crime No.12 of 2022, Police Station-Mahila Thana, District- Farrukhabad, pending before learned Additional Chief Judicial Magistrate, FTC, Farrukhabad.
4. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 23.8.2024 has also been entered into between them. Though, copy of the same has been given to Investigating Officer but Investigating Officer instead of considering the same, erroneously filed impugned chargesheet.
5. Per contra, learned AGA has raised a preliminary objection that after filing of the chargesheet, compromise is yet to be verified by the court below, therefore, proceeding cannot be quashed on the basis of compromise entered into during investigation.
6. Considering the aforesaid submission, present application is
disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.
7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants.
8. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, if required to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 19.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad