GAURAV TOMAR ALIAS GAURAV SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12694/2025 · 2025-04-16
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41989 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41989 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:56366 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12694 of 2025 Applicant :- Gaurav Tomar Alias Gaurav Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ranjana Yadav,Ray Sahab Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnams filed by Sri R.K. Yadav along with Sri Santosh Singh Chauhan on behalf of opposite party no.2 is taken on record. 2. Heard Sri Ray Sahab Yadav, learned counsel for the applicants, Sri R.K. Yadav, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State. 3. The instant application has been filed for quashing the charge sheet dated 09.01.2024 as well as summoning order dated 02.05.2024 passed by Chief Judicial Magistrate, Orai at Jalaun passed in Case No.3969 of 2024, arising out of Case Crime No.819 of 2023, under Sections 498A, 307, 506 I.P.C. and 3/4 D.P. Act and 3/25 Arms Act, Police Station Kotwali Orai, District Jalaun. 4. 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 21.03.2025 is reduced in written compromise and also annexed at page 71 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. 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. 6. 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. 7. 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. 8.
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. 9. Office is directed to return the original deed of compromise, if any, to the applicants after retaining a photo copy of the same. 10. With the aforesaid direction, the present application is
disposed of.
Order Date :- 17.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad