ASHOK KUMAR ALIAS ASHOK YADAV AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11580/2025 · 2025-04-08
Raj Beer Singh
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37698 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37698 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:52187 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 11580 of 2025 Applicant :- Ashok Kumar Alias Ashok Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hare Krishna Tripathi Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J.
1. Sri Yogesh Kumar Tiwari, Advocate has filed Vakalatnama on behalf of opposite party no.2, which is taken on record.
2. Heard learned counsel for the applicants, learned counsel for the opposite party no.2 and learned AGA for the State.
3. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been preferred for quashing of the entire proceedings, including summoning order dated 13.12.2024, of Complaint Case No. 560 of 2009 (Seema Vs. Ashok and others), under Sections 323, 494, 498A, 504, 506 IPC, P.S. Kotwali Orai, District Jalaun, pending in the court of Judicial Magistrate, Orai, Jalaun, on the basis of compromise arrived at between the parties.
4. It has been submitted by learned counsel for the applicants that applicant no. 1 is husband of opposite party no. 2/complainant and remaining applicants are family members of applicant no. 1 and the matter relates to matrimonial dispute. Now both the parties have amicably settled the dispute and compromised the matter and the complainant of the case does not want to pursue the impugned proceedings. It was submitted that the compromise filed by the parties before the trial court concerned, has already been verified by the court, copy of which is on record. It was stated that in view of these facts and circumstances, no useful purpose would be served by keeping the impugned proceedings pending and thus, the impugned proceedings may be quashed on the basis of compromise arrived at between the parties.
5. Learned counsel for the opposite party no.2 /complainant has concurred with the
arguments of learned counsel for the applicants and submitted that both the parties have amicably settled the dispute and compromised the matter and the complainant does not want to proceed with the impugned proceedings pending before the trial court and the same may be quashed.
6. Learned A.G.A. has no objection if parties compromise the matter.
7. I have considered the submissions and perused the record.
8. It is well settled that in appropriate cases criminal proceedings may be quashed on the basis of compromise. In the instant case, matter relates to matrimonial dispute, which is private in nature. If parties compromise the matter, it would not have adverse impact on society. There is nothing to indicate that parties have any criminal antecedents. The complainant does not want to proceed with the impugned case against the applicants. The compromise filed by the parties before the trial court, has already been verified by the court concerned. Considering the law laid down in the case of State of Madhya Pradesh Vs. Laxmi Narayan and others, AIR 2019 SC 1296 and the facts of the matter, it would be in the interest of justice that the impugned proceedings be quashed.
9. In view of the aforesaid, entire impugned proceedings, including summoning
order of the aforesaid complaint case, against applicants, namely, Ashok Kumar @ Ashok Yadav, Gya Prasad, Smt. Maya Devi & Jayhind Yadav are hereby quashed.
10. The application u/s 528 BNSS is allowed.
Order Date :- 9.4.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad