Neutral Citation No. - 2025:AHC:79793 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 13799 of 2025 Applicant :- Om Prakash And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Pradeep Kumar Yadav, learned counsel for the applicant and Sri Vikas Sharma, learned State Law Officer for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire criminal proceeding as well as Summoning order dated 21.04.2012, N.B.W. order dated 04.04.2018 as well as consequential order dated 18.01.2025 passed by learned 1st Additional Civil Judge (J.D.) in Complaint Case No. 2187 of 2012 (Smt. Radha Vs. Om Prakash and others) U/S 323, 498A, 504, 506 I.P.C. & 3/4 D.P.Act, Police Station Uttar, District-Firozabad. 3. Learned counsel for the applicant has submitted that the applicant no. 1 is the husband, applicants no. 2 and 3 are the Jeth, applicants no. 4 and 5 are the Jethani, marriage of the applicant no. 1 stood solemnized with the opposite party no. 2 on 07.05.2011. Learned counsel for the applicant submits that though the proceedings stood initiated by the opposite party no. 2 and the applicant was summoned on 21.04.2012 in Complaint Case No. 2187 of 2012, under Sections 323, 498A, 504, 506 IPC read with Section 3/4 of the DP Act. However, the applicant was enlarged on bail on the basis of the compromise on 07.08.2012 and a copy of the compromise application has also been filed before the court below which is at page 41 and onwards. Learned counsel for the applicant submits that a non bailable warrants came to be issued on 04.04.2018 and 18.01.2025. Learned counsel for the applicant submits that applicants were harbouring under the impression that since already the compromise application has been filed, thus, the proceedings would come to an end, the applicant did not appear before the court below. However, he submits that the applicant shall be preferring an application for recalling of the orders dated 04.04.2018 and 18.01.2025 and in the meantime, protection be accorded to the applicant. 4. Considering the submission so made across the bar the application stands disposed of directing the applicant to submit a recall application for recalling of the order dated 04.04.2018 and 18.01.2025 by 30.05.2025. The court below shall decide the recall application and subject to the statutory compliance as mandated under the statute by the applicant which ever is necessary. 5. Till the disposal of the complaint, no coercive action shall be taken against the applicant in proceedings of Complaint Case No. 2187 of 2012 (Smt. Radha Vs. Om Prakash and others), u/s 323, 498A, 504, 506 I.P.C. & 3/4 D.P. Act, Police Station - Uttar, District- Firozabad, pending in the court of learned 1st Additional Civil Judge (J.D.)/ Judicial Magistrate, Firozabad. Order Date :- 14.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad