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2025 DAILYLAW 44187 (ALL)

NIKHIL JAIN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13456/2025 · 2025-05-19

Vikram D Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:85095 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13456 of 2025 Applicant :- Nikhil Jain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tanmay Sadh Counsel for Opposite Party :- G.A.,Gaurav Gautam,Srishti Singh Hon'ble Vikram D. Chauhan,J. 1. Heard learned counsel for the applicants, Ms. Srishti Singh, learned counsel for the opposite party no.2 and learned AGA for the State-respondent. 2. This application under Section 528 BNSS has been filed by applicants for quashing the summoning order dated 21.12.2024 along with all subsequent orders/warrants passed by Chief Judicial Magistrate, Bulandshahr in Criminal Case No.25073 of 2024, State Vs. Nikhil Jain and others and charge sheet dated 11.11.2024 under Sections 498A, 323, 506, 307, 325 I.P.C. and Section 3 and 4 Dowry Prohibition Act, 1961, Police Station Sikandrabad, District Bulandshahr. 3. Learned counsel for the applicants submits that in pursuance to the settlement agreement dated 11.2.2025 executed before the Mediation and Conciliation Centre, District Court, Bulandshahr. The parties have agreed to the terms of settlement. In pursuance to the settlement, a sum of Rs.15 lacs has to be paid on 1.4.2025. Thereafter, the demand draft of Rs.15 lacs payable to opposite party no.2 has been deposited with the Registrar General of this Court by order dated 9.5.2025. As per the terms of compromise, after quashing of the present criminal proceedings the amount of Rs.15 lacs deposited with the Registrar General may be released in favour of wife/opposite party no.2. 4. Learned counsel for the applicants submits that the parties will abide by the terms of settlement and the second motion starts as soon as the aforesaid amount is released after quashing of the proceedings. He submits that the present criminal proceedings may be quashed in view of the settlement arrived between the parties. 5. Learned counsel for the opposite party no.2 submits that she would have no objection to the quashing of the present criminal proceedings subject to the terms of compromise as well as release of the aforesaid amount of Rs.15 lacs in favour of opposite party no.2 in terms of compromise. 6. In view of the fact that the compromise has been entered into between the parties, the criminal proceedings of the aforesaid case as against the applicants being matrimonial dispute are hereby quashed in terms of the compromise arrived between the parties. The parties are directed to follow the terms and conditions of compromise. The amount of Rs.15 lacs deposited before the Registrar General of this Court be released in favour of opposite party no.2 upon receipt. 7. Learned counsel for the opposite party no.2 submits that the opposite party no.2 is having difficulty in coming to Prayagraj and, therefore, the counsel for opposite party no.2 may be handed over the demand draft of Rs.15 lacs. In the event, any authority letter is issued by the opposite party no.2 in favour of her counsel, then the demand draft of Rs.15 lacs may be handed over by the Registrar General to the counsel for opposite party no.2 after obtaining receipt of the same. Order Date :- 20.5.2025 Bhaskar Digitally signed by :- BHASKAR High Court of Judicature at Allahabad