ABHISHEK PRASAD TIWARI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14095/2025 · 2025-04-24
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 45545 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 45545 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:63747 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14095 of 2025 Applicant :- Abhishek Prasad Tiwari And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajiv Chowdhury Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama as well as affidavit filed on behalf of Sri Avinash Tiwari, learned counsel for the opposite party no.2 is taken on record. 2. Heard Sri Rajiv Chowdhury, learned counsel for the applicants, Sri Avinash Tiwari, learned counsel for the opposite party no.2 and Sri Pankaj Srivastava, learned AGA for the State. 3. The instant application has been filed for quashing the charge sheet dated 16.11.2023 as well as cognizance/summoning order dated 11.09.2024 including the entire proceeding of Case No.4044 of 2024, arising out of Case Crime No.144 of 2023, under Sections 498A, 354B, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Jhunsi, District Prayagraj. 4. Learned counsel for the applicants as well as learned counsel for the opposite party no.2 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 08.04.2025 is reduced in written compromise and also annexed at page 78 of the affidavit. He further submitted that the aforesaid compromise has already been filed before the court below. 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 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 and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two and half month 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. With the aforesaid direction, the present application is disposed of. Order Date :- 25.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad