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2025 DAILYLAW 48830 (ALL)

ANIL KUMAR v. STATE OF U.P. AND ANOTHER

A482/33310/2023 · 2025-04-22

Arun Kumar Singh Deshwal

Original Suitbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:63258 Court No. - 75 Case :- APPLICATION U/S 482 No. - 33310 of 2023 Applicant :- Anil Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhinav Dwivedi,Ram Babu Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit filed on behalf of the opposite party no.2 is taken on record. 2. Heard Sri Ram Babu Singh, learned counsel for the applicant, Sri Anil Kumar Gupta, learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State. 3. This application u/s 482 Cr.P.C. has been filed by the applicant with the prayer to quash the summoning order dated 16.09.2021 passed by Additional Chief Judicial Magistrate, Kannauj as well as the entire proceeding of Complaint Case No.476 of 2016 (Anita Vs. Anil Kumar and others) under Section 494 IPC, Police Station- Tirwa, District- Kannauj and also to set-aside the order dated 13.10.2022 passed by Sessions Judge, Kannauj whereby the revisional court has rejected the Criminal Revision No. 42 of 2021 (Anil Kumar Vs. State of U.P. and another). 4. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 12.07.2024 has also been entered into between them. Copy of the same has been annexed at Annexure No.S.A.2 to the supplementary affidavit. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 5. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 6. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 12.07.2024 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicant. 9. It is further provided that applicant is at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 23.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad