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2025 DAILYLAW 37808 (ALL)

GAURAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11789/2025 · 2025-04-09

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52413 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11789 of 2025 Applicant :- Gaurav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Mohan Kant Baghel (AoR No.A/M 0409/2018), holding brief of Sri Sunil Kumar Yadav, learned counsel for the applicants and Sri Bhuwal Vishwakarma, learned A.G.A. 2. In view of the order proposed to be passed today, notices are not being issued to O.P. No.2. 3. This is an application under Section 528 of BNSS preferred by the applicants for quashing of Complaint No. 2910 of 2022 (Smt. Uma Kumari Versus Gaurav and others), under Sections 498-A, 323, 504, 506 I.P.C. and 4 Dowry Prohibition Act, Police Station Mahila Thana, District Firozabad, in pursuance of summoning order dated 20.07.2024 pending in the Court of Civil Judge (J.D.)/F.T.C. Second, Firozabad, during the pendency of the present application before this Hon'ble Court, compromise/settlement was made between the parties on 14.10.2024 and same was verified by the learned court below on 03.01.2025,. 3. The applicant herein had approached this Court while filing Application u/s 482 No. 39840 of 2024, in which on 29.11.2024, following order was passed:- "1. Heard Sri Sunil Kumar Yadav, learned counsel for applicants and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 2. The instant application has been moved on behalf of the applicants to quash the summoning order dated 20.07.2024 as well as entire proceedings of Complaint No.2910 of 2022 (Smt. Uma Kumari Vs. Gaurav and others), under Sections 498-A, 323, 504, 506 IPC and Section 4 D.P. Act, Police Station Mahila Thana, District Firozabad, pending in the court of Civil Judge (J.D.)/F.T.C. Second, Firozabad. 3. Contention of learned counsel for applicants is that the dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and written compromise dated 14.10.2024 has already been entered into between them. It is further submitted that aforesaid compromise has also been filed before the Civil Judge (J.D.)/F.T.C. Second, Firozabad. 4. However, learned AGA has pointed out that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid facts, present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties. 6. The aforesaid exercise of verification shall be completed within a period of two months and for a period of two months, no coercive action shall be taken against the applicants in respect of the aforesaid case. 7. It is further provided that the parties will be at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise, if need arises." 4. Learned counsel for the applicant has invited attention of this Court towards Annexure-5 at page 34, certified copy whereof is at page-35/36 that pursuant to the order of this Court, now the compromise has been verified. he submits that once the compromise has been verified, then there is no occasion for proceeding with the matter. He seeks to rely upon the judgment in the case of Gian Singh vs. State of Punjab, (2012) 10 SCC 303 and State of M.P. Vs. Laxmi Narayan, (2019) 5 SCC 688. 5. Learned A.G.A. on the other hand submits that as per the order of the Court passed on earlier occasion, as noticed above, Annexure-5 is the certified copy of the order verifying the compromise, reference whereof has also been made in paragraph- 11 of the application. 6. In view of the same, nothing remains to be further proceeded with. 7. The present application is allowed. The proceedings of Complaint No. 2910 of 2022 (Smt. Uma Kumari Versus Gaurav and others), under Sections 498-A, 323, 504, 506 I.P.C. and 4 Dowry Prohibition Act, Police Station Mahila Thana, District Firozabad, in pursuance of summoning order dated 20.07.2024 pending in the Court of Civil Judge (J.D.)/F.T.C. Second, Firozabad, stand quashed. Order Date :- 10.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad