Neutral Citation No. - 2025:AHC:56596 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12801 of 2025 Applicant :- Govind Prasad Dubey Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dinesh Kumar Singh, learned counsel for the applicant, Sri Ajai Srivastava, learned State Law Officer for the State. 2. The instant application has been filed for quashing the entire proceedings of Case No.01 of 2009, arising out of Case Crime No.240 of 2008, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Manduadih, District Varanasi, pending in the court of Judicial Magistrate, Varanasi. 3. Learned counsel for the applicant submitted that the applicant is father-in-law of opposite party no.2 and during the pendency of impugned proceeding, parties have settled their dispute amicably and entered into a written compromise dated 20.07.2010. The same was also filed before the court below which could not be verified by the court below for the reason impugned proceeding was stayed vide order dated27.04.2009 passed in Application u/s 482 No.9021 of 2009 filed by the Sister-in-law of opposite party no.2. Subsequently, husband of opposite party no.2 died on 01.03.2018. Thereafter the applicant and opposite party no.2 have also settled the property dispute on the basis of compromise dated 13.07.2019 in Civil Court, Narsinghpur, M.P. in Civil Suit No.65A of 2019 and decided to withdraw all the cases filed against each other. Now in view of judgement of Apex Court in Asian Resurfacing of Road Agency Pvt. Ltd & Anr Vs. Central Bureau of Investigation reported in (2018) 16 SCC 299 non-bailable warrant was issued against the applicant in the impugned proceeding. Therefore the applicant has approached this Court by challenging the impugned proceeding as well as consequential process of the court. It is not in dispute that the compromise dated 20.07.2010 has already been filed before the court below 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 compromise dated 20.07.2010 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 :- 17.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad