HEMANT MISHRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11688/2025 · 2025-04-08
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 38644 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 38644 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51435 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11688 of 2025 Applicant :- Hemant Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Himanshi Srivastava,Shreesh Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shreesh Srivastava, learned counsel for the applicants, Sri Dev Kaushik, learned counsel for opposite party No.2 and Sri Prashant Saxena, learned A.G.A. for the State. 2. The instant application has been filed to quash the charge sheet dated 22.12.2023, cognizance order dated 9.2.2024 as well as proceeding of Criminal Case No. 212 of 2024, arising out of case crime No. 87 of 2023, u/s 498A, 323, 342, 354Ka, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar. 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 an application u/s 13-B Hindu Marriage Act has been filed before the court below. It is further submitted that a written compromise dated 18.11.2023 has also entered into between the parties, regarding terms and condition to live separately. It has been requested that the impugned proceedings may be quashed on the basis of compromise. 4. Though learned counsel for opposite party No.2 did not dispute the above fact, 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. Order Date :- 9.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad