Neutral Citation No. - 2025:AHC:73999 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 14720 of 2025 Applicant :- Ashok Kumar Alias Bantu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anju Yadav,Vivek Kumar Sharma Counsel for Opposite Party :- G.A.,Shailesh Kumar Mishra Hon'ble Vikas Budhwar,J. 1. Heard Sri Vivek Kumar Sharma, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and Sri Vinod Kumar (AOR No. A/v 2138/2023) holding brief of Sri Sailesh Kumar Mishra, learned counsel for opposite party no.2. 2. This is an application U/s 528 BNSS filed for quashing the proceeding of complaint case no. 857 of 2013, new case no. 1092 of 2020 (Smt. Sulekha vs. Ashok Kumar alias Bantu and Ors) under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Malavan District Etah as well as impugned summoning order dated 23.07.2013 passed by Chief Judicial Magistrate, court no.23, Etah. 3. Learned counsel for the applicant submits that earlier with relation to quashing of the proceeding of criminal complaint case no. 857 of 2013 (Smt. Sulekha vs. Ashok Kumar alias Bantu and Ors) under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, the applicant had preferred the application U/s 482 Cr.P.C. No. 37126 of 2013 wherein they were granted protection. However now the opposite party no.2 happens to the wife of applicant no.1 has filed an application before the court of Judicial Magistrate, Etah on 02.03.2023 in case no. 1092 of 2020 that she does not intend to proceed criminal case as the parties are living together since 2015. A copy of the application is annexure-6 at page 35 and certified copy at page 37 onwards. Reference whereof has been made in paragraph-12 of the application. Learned counsel for the applicants submits that till the orders are passed, the protection be accorded to the applicants. 4. Learned AGA as well as the counsel appearing for opposite party no.2, have no objection to the same. 5. Considering the submissions so made across the bar, the present application stands disposed of directing the applicants (parties) to appear before the court of Judicial Magistrate, Etah in complaint case no. 857 of 2013 new case no.1092 of 2020 by 30.05.2025 and file a self attested copy of the present application along with the certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter, verify the complaint or pass the order in the application as alleged to have been filed by the applicants within two months. 6. Till the verification is done in the compromise application so submitted by the parties/ orders passed on the application dated 02.03.2023, no coercive action shall be taken against the applicant in the proceeding of complaint case no. 857 of 2013, new case no. 1092 of 2020 (Smt. Sulekha vs. Ashok Kumar alias Bantu and Ors) under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Malavan District Etah as well as impugned summoning order dated 23.07.2013 passed by Chief Judicial Magistrate, court no.23, Etah. The protection accorded to the applicant shall only apply in those contingencies wherein the applicant strict to the timeline and does violate any of the conditions of the order, 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. Order Date :- 7.5.2025 C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad