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2025 DAILYLAW 49528 (ALL)

HARSH @ HARSH PAWAR AND 6 OTHES v. STATE OF U.P. AND ANOTHER

NA528/15266/2025 · 2025-05-15

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81064 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15266 of 2025 Applicant :- Harsh @ Harsh Pawar And 6 Othes Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra,Rishabh Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rishabh Tiwari, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned AGA for the State. 2. In view of the order, which is being proposed to be passed, notices are not being issued to O.P. No. 2. 3. This application U/s 528 of BNSS has been filed for quashing the entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning order dated 26.08.2022, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Civil Judge (J.D.), F.T.C./Judicial Magistrate (Offence Against Women) Court No.2, Bijnor. 4. The applicants herein had earlier approached this Court while filing Application U/S 528 BNSS No.8566 of 2025, Harsh @ Harsh Pawar and 6 others vs. State of U.P. and another in which on 18.3.2025 the following order was passed:- "Heard Sri Rishabh Tiwari (AOR A/R 1875/2023) holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned AGA for the State. 2. This application U/s 528 of BNSS has been filed for quashing the entire proceedings of Complaint Case No. 6151 of 2021 (Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning order dated 26.08.2022 passed in aforesaid complaint case under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Additional Civil Judge (J.D.), F.T.C.-II, Bijnor. 3. Learned counsel for the applicants has submitted that though a complain stood lodged by the opposite party No. 2 against the applicants being No. 6151 of 2021 under Sections 498A, 323 of the I.P.C. read with Section 3/4 of D.P. Act. Learned counsel for the applicants has invited attention towards Annexure-4 at page 34 of the paper book reference whereof has been made at para 12 of the application that the parties have entered into compromise out of Court on 29.01.2025. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 4. Learned AGA does not dispute the said fact, in case, compromise has been entered into between the parties then direction be issued for verification. 5. Considering the submission made across the bar, the application stands disposed of directing the applicants to appear before the Court of Additional Civil Judge (J.D.)/F.T.C.-II, Bijnor on 04.04.2025 along with the self attested copy of the present application, certified copy of the order and original copy of the compromise application. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application by 23.05.2025. 6. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Complaint Case No. 6151 of 2021 (Case No. 560 of 2021 under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, Police Station Mahila Thana, District Bijnor. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise." 5. Learned counsel for the applicants has invited attention of the Court towards page 43/44 of the paper book Annexure-5 reference whereof has been made in paragraph no.13 of the application so as to contend that the court of Civil Judge (J.D.)-F.T.C./J.M. atrocities against women court no.2 Bijnor had proceeded to verify the compromise entered into between the parties on 3.4.2025. 6. Learned AGA has no objection to the same. 7. Considering the submission so made across the bar, in the factual backdrop that the compromise has been verified and in view of the law laid down in the case of Reliance has been placed upon the judgment in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688. The Court finds that nothing remains to be proceeded. 8. In view of above, the entire proceedings of Complaint Case No. 6151 of 2021 (Old Case No. 560 of 2021) (Sapna Vs. Harsh and others) and summoning order dated 26.08.2022, under Sections 498A, 323 IPC and Section 3/4 of D.P. Act, P.S. Mahila Thana, District Bijnor, pending in the Court of learned Civil Judge (J.D.), F.T.C./Judicial Magistrate (Offence Against Women) Court No.2, Bijnor stands quashed and set aside against the applicants. 9. Accordingly, the present application stands allowed. 10. In case the opposite party no.2 is aggrieved, it shall be open for her to file an appropriate proceedings. Order Date :- 16.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad