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2025 DAILYLAW 41805 (ALL)

VINOD KUMAR v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOVERNMENT OF U.P. AT LUCKNOW AND ANOTHER

NA528/12290/2025 · 2025-04-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54679 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12290 of 2025 Applicant :- Vinod Kumar Opposite Party :- State Of U.P. Through Principal Secretary Home Government Of U.P. At Lucknow And Another Counsel for Applicant :- Dwijendra Prasad,Pradyumna Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dwijendra Prasad, learned counsel for the applicant, Sru Anish Kr. Upadhyay, learned A.G.A. for the State and Sri Somveer, learned counsel for opposite party No.2. 2. This application has been filed to quash the summoning order dated 15.3.2007, charge sheet dated 23.11.2006 as well as entire proceeding of case No. 28 of 2007 arising out of case crime No. 399 of 2006, under Sections 498A, 506 IPC and 3/4 D.P. Act, P.S. Sadar Bazar, District Agra. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 21.2.2025. It is further submitted that the said compromise has already been filed before the court below. 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 court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order 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 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad