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2025 DAILYLAW 40362 (ALL)

TEJPAL VERMA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/12216/2025 · 2025-04-14

Arun Kumar Singh Deshwal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:55202 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12216 of 2025 Applicant :- Tejpal Verma And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Sunil Kumar Yadav,Yashpal Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sunil Kr. Yadav, learned counsel for the applicants, Sri Pankaj Saxena, learned A.G.A. for the State and Sri Suresh Kr. Singh, learned counsel for opposite party No.2 who has filed vakalatnama today and the same is taken on record. 2. The instant application has been filed to quash charge sheet dated 7.6.1996 and the proceeding of Case No. 4465 of 2017, case crime No. 01 of 1996, under Sections 498A, 420, 406, 495, 491, 496 IPC and 3/4 D.P. Act, P.S. Titawi, District Muzaffarnagar. 3. Learned counsel for the applicants submits that the applicants had earlier challenged the impugned proceeding through Application u/s 482 No. 5099 of 1997 wherein the interim protection was also granted. Subsequently, the aforesaid application was dismissed as infructuous on 16.7.2015, however, the applicants were not aware of the dismissal of the same as their counsel died later on. It is further submitted that now both the parties have settled their dispute amicably and entered into a written compromise dated 10.3.2025 and thereafter the parties also got divorced under Section 13-B of Hindu Marriage Act. It is, therefore, requested that the impugned proceedings may be quashed on the basis of compromise. 4. Learned counsel for opposite party No.2 did not dispute the above fact and submits that after getting divorced both the parties remarried with their respective partners and both are living happily with their respective partners. 5. However, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified and the aforesaid compromise has not yet been filed before the court below. 6. 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. 7. 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. 8. 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. 9. 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. 10. With the aforesaid direction, the present application is disposed of. 11. Office is directed to return the original deed of compromise to the counsel for the applicants after retaining photocopy of the same on record. Order Date :- 15.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad