SANDEEP KUAMR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12346/2025 · 2025-04-14
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41285 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41285 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:54377 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12346 of 2025 Applicant :- Sandeep Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Avinash Pandey, learned counsel for the applicants and Sri Sheetla Prasad, learned State Law Officer for the State. 2. The instant application has been filed for quashing the cognizance order dated 05.12.2022 passed by Civil Judge (J.D.), F.T.C. (crime against woman), Saharanpur as well as entire proceeding of S.T. No.1108 of 2022, arising out of Case Crime No.38 of 2020, under Sections 498A, 323, 504, 506, 328 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Saharanpur, pending in the court of Additional District Judge, Court No.8, Saharanpur. 3. Learned counsel for the applicants 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 20.03.2025 is reduced in written compromise and also annexed at page 59 of the affidavit. He further submitted that the aforesaid compromise has already been filed before the court below. 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 court below is directed to verify the aforesaid compromise within a period of two months, from the date of presentation of a copy of this order, 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 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. Order Date :- 15.4.2025 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad