ROHIT KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11125/2025 · 2025-04-06
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 36826 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 36826 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:50011 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11125 of 2025 Applicant :- Rohit Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghav Arora Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama, filed by Sri Birendra Kumar, learned counsel for opposite party No.2, is taken on record.
2. Heard Sri Raghav Arora, learned counsel for the applicants; Sri Birendra Kumar,
learned counsel for opposite party No.2 and Sri Pankaj Saxena, learned A.G.A. for the State.
3. This application has been filed to quash the charge sheet dated 24.6.2021, summoning order dated 25.8.2021 as well as entire proceeding of case no. 2101 of 2021/ CNR No. UPGB040551162021, arising out of case crime No. 180 of 2020, u/s 498A, 323, 406, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar.
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 a written compromise dated 12.11.2024. 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 court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law.
7. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
8. 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.
9. With the aforesaid direction, the present application is disposed of.
Order Date :- 7.4.2025/Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad