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2025 DAILYLAW 38782 (ALL)

MANOJ KUMAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12070/2025 · 2025-04-10

Vikas Budhwar

body2025

Judgment text

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Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 12070 of 2025 Applicant :- Manoj Kumar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Ashutosh Kumar Srivastava, learned counsel for the applicants and Sri Moti Lal, learned A.G.A. for the State. 2. This is an application u/s 528 of BNSS preferred for quashing of the summoning order dated 15.12.2018 as well as entire criminal proceeding in complaint case no.1103/2017, Under Section 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sakiet, District- Etah (Smt. Pooja Kushwah Versus Manoj Kumar and others), pending before Judicial Magistrate, Etah, District-Etah. 4. Learned counsel for the applicants submits that the applicant no.1 is the husband of O.P. No.2, applicant no.2 is father-in-law, applicant no.3 is mother-in-law, applicant no.4 is brother-in-law, applicant no.5 & 6 are sister-in-law and applicant no.7 is jethani. Marriage of the applicant stood solemnized with O.P. No.2 on 27.11.2015. Learned counsel for the applicant submits that pursuant to the complaint lodged by O.P. No.2, applicant has been summoned under Sections 498-A of IPC and Section 3/4 of Dowry Prohibition Act. Further submission of learned counsel for the applicant is that of late, parties had entered into compromise on 11.11.2024, a copy whereof is Annexure-6, page-41 of the paper book, reference whereof has been made in para-10 of the application. Learned counsel for the applicant also submits that compromise has been filed before the court below and a certified copy has been annexed. Learned counsel for the applicant next submits that till the verification is done, protection be accorded to the applicants. 5. Learned A.G.A. has no objection to the same. 6. Considering the submissions of the parties, it is hereby provided that the applicants shall appear before the court below along with the self-attested copy of the application under Section 528 of BNSS, and the certified copy of the order by 30.04.2025, thereafter date shall be fixed in the first week of May, 2025 for the verification and the same be done by 20.05.2025. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in Complaint Case no.1103/2017, Under Section 498A I.P.C. and 3/4 Dowry Prohibition Act, Police Station Sakiet, District- Etah (Smt. Pooja Kushwah Versus Manoj Kumar and others), pending before Judicial Magistrate, Etah, District-Etah. 8. In view of aforesaid, the application stands disposed of. 9. In case of default, interim protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again. Order Date :- 11.4.2025 N.S.Rathour Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad