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2025 DAILYLAW 38262 (ALL)

DHRUVA KUMAR SINGH RATHORE AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11399/2025 · 2025-04-07

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50924 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 11399 of 2025 Applicant :- Dhruva Kumar Singh Rathore And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Suresh Kumar Maurya Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Abhishek Gupta as well as Joint Affidavit of compromise has been filed today which is taken on record. 2. Heard Sri Suresh Kumar Maurya, learned counsel for the applicants as well as Sri Abhishek Tripathi, learned AGA for the State and Sri Abhishek Gupta for the opposite party No. 2. 3. This application u/s 528 of BNSS has been filed for quashing the proceedings of Complaint Case No. 1311/2022 (Shreya Singh Vs. Dhruva Kumar Singh Rathore and Ors.) under Section 498-A, 323, 452, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.)/F.T.C.-II, Gautam Budh Nagar and summoning order dated 30.05.2023. 4. Learned counsel for the applicants submits that during the pendency of the said proceedings on 19.03.2025, a compromise stood entered into between the parties and the same stood filed before the Court of Civil Judge (J.D.)/F.T.C., Court No. 2, Gautam Buddh Nagar, Annexure 7 at page 92 onwards reference whereof has been made in para 19 of the application. According to the learned counsel for the applicants, the said application stood rejected on 20.03.2025 being not maintainable. Learned counsel for the applicants submits that once the parties have themselves entered into compromise then the court below is required to verify the same and to do the needful. 5. Learned AGA as well as the counsel appearing for opposite party no. 2 submits that parties have themselves compromised on 19.03.2025 and the court below be directed to verify the compromise. 6. Considering submission so made across the bar, the application stands disposed of while setting aside the order dated 20.03.2025 passed by the Court of Civil Judge (J.D.)/F.T.C., Court No. 2, Gautam Buddh Nagar, directing the applicants to appear before the court below on 21.04.2025 along with the self attested copy of the present application, joint affidavit and certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants in the Ist week of July, 2025. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Complaint Case No. 1311/2022 (Shreya Singh Vs. Dhruva Kumar Singh Rathore and Ors.) under Section 498-A, 323, 452, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.)/F.T.C.-II, Gautam Budh Nagar and summoning order dated 30.05.2023. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 8.4.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad