PRASOON JAIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13810/2025 · 2025-04-22
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42770 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42770 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:61863 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13810 of 2025 Applicant :- Prasoon Jain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhir Kumar Agarwal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Sudhir Kumar Agarwal, learned counsel for the applicants and Shri Pankaj Saxena, learned AGA for the State.
2. The instant application has been filed to quash the chargesheet dated 11.02.2020, cognizance/summoning order dated 11.02.2021 as well as entire proceedings of Criminal Case No.356/2021, arising out of Case Crime No. 1477/2019, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Baradari, District- Bareilly pending in the Court of learned Additional Chief Judicial Magistrate, Room No. 1, Bareilly on the basis of compromise dated 26.10.2023.
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 26.10.2023 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise.
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. After verification of the aforesaid compromise, court below may dispose of 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 :- 23.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad