NITISH @ GOLU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/33628/2023 · 2025-05-12
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47661 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47661 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80814 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33628 of 2023 Applicant :- Nitish @ Golu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kunwar Bikram Suryabansh Counsel for Opposite Party :- G.A.,Vinay Kumar Singh Chandel Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Kunwar Bikram Suryabansh, learned counsel for the applicants, Sri Vinay Kumar Singh Chandel, learned counsel for opposite party no.2 and Sri Rajeev Kumar Sonkar, learned State Law Officer for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 10.07.2017 u/s 147, 149, 452, 354-A, 504 I.P.C. passed by ACJM, Court No. 04, Ghaziabad arising out of Complaint Case No. 6303 of 2016 (new case no. 1554/2019), Sunita Vs. Nitish and others, registered at Police Station- Murad Nagar, District- Ghaziabad, and entire proceeding of Complaint Case No. 6303 of 2016, in respect of the applicants, pending in the court of ACJ (J.D.), 5th/ACJM, Ghaziabad, on the basis of compromise between the parties. 3. Learned counsel for the applicants submitted that this Court vide order dated 22.02.2024 directed the parties to file compromise deed entered into between them before the court below with further direction to the court below to verify the same but as per the report of court below, applicants have not filed any compromise before the court below. 4. Learned counsel for the applicants as well as learned counsel for opposite party no.2 jointly submitted that they will file compromise within next one month before the court below. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of one month. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 8.
It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 13.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad