Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:54646
Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12294 of 2025 Applicant :- Ankit Mahajan Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Shivang Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shivang, learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
2. The instant application has been filed to quash the entire proceeding of case No. 1131 of 2023, case crime No. 235 of 2022, under Sections 498A, 323, 504, 506, 427 IPC and 3/4 D.P. Act, including the charge sheet dated 20.12.2022 and summoning order dated 9.6.2023, pending before A.C.J.M.-5, Allahabad.
3. 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 4.3.2025 which is annexed 60 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of compromise.
4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
5. 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.
6. 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.
7. 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.
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.
10. Office is directed to return the original deed of compromise to the counsel for the applicant, after retaining photocopy of the same on record. Order Date :- 15.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad