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2025 DAILYLAW 38947 (ALL)

KANHAIYA JAISWAL URF ASHISH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11671/2025 · 2025-04-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51926 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11671 of 2025 Applicant :- Kanhaiya Jaiswal Urf Ashish And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajesh Kumar Tiwari, learned counsel for the applicants, Sri Jagdish Kumar Mishra, learned counsel for the opposite party no.2 and Sri Sunil Kumar Kushwaha, learned AGA for the State. 2. The instant application has been filed for quashing the entire proceeding as well as charge sheet dated 02.05.2021 including the summoning order dated 12.08.2021 passed in Case No.17888 of 2021, arising out of Case Crime No.34 of 2020, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Varanasi. 3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly 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 25.02.2025 is reduced in written compromise and also annexed at page 46 of the affidavit. 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 applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months, 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 and half 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. 9. Office is directed to return the certified copy of the compromise deed, if any, after retaining a photo copy of the same. Order Date :- 9.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad