GAURAV KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14104/2025 · 2025-04-24
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47746 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47746 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:64306 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14104 of 2025 Applicant :- Gaurav Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Durgesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama of Sri Vaibhav Gupta filed by Ms. Prachi Sahu, Advocate on behalf of the opposite party no.2 is taken on record. 2. Heard Sri Durgesh Kumar Pandey, learned counsel for the applicants, Ms. Prachi Sahu, Advocate holding brief of Sri Vaibhav Gupta, learned counsel for the opposite party no.2 and Sri Padmakar Rai, learned AGA for the State. 2. The instant application has been filed for quashing the charge sheet dated 03.10.2024 as well as summoning order dated 21.01.2025 passed by the Special Judge, SC/ST Act, Meerut including the entire proceeding of Session Case No.134 of 2025, arising out of Case Crime No.211 of 2024, under Sections 498A, 504, 506 I.P.C., 3/4 D.P. Act and 3(2)5a SC/ST Act, Police Station Pallavpuram, District Meerut. 3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly 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 04.10.2024 is reduced in written compromise and also annexed at page 45 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. 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. 5. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of
15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 6. For a period of two and half 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 :- 25.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad