SHUBHAM SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11373/2025 · 2025-04-07
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 37977 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 37977 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:50665 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11373 of 2025 Applicant :- Shubham Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rahul Shukla, learned counsel for the applicants, Sri Sheetla Prasad, learned State Law Officer for the State.
2. The instant application has been filed for quashing the summoning order dated 05.10.2020 as well as charge sheet dated 05.06.2020 including the entire proceeding of Case No.937 of 2024, arising out of Case Crime No.75 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad.
3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 27.01.2025 is reduced in written compromise and also annexed at page 65 of the affidavit and the same has already been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding.
5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order, after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law.
6. 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.
7. 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.
8. With the aforesaid direction, the present application is disposed of. Order Date :- 8.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad