LOKASH @ BOBY AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/16333/2025 · 2025-05-08
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51766 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51766 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16333 of 2025 Applicant :- Lokash @ Boby And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shiv Sharan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit, filed by learned counsel for the applicants is taken on record.
2. Heard Sri Shiv Sharan Tripathi, learned counsel for the applicants, Sri Narendra Kumar, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
3. This application has been filed to quash the entire proceeding of Case No. 7782 of 2025, case crime No. 536 of 2022, under Sections 498A, 323 IPC and 3/4 D.P. Act, including the charge sheet dated 20.6.2023 and summoning order dated 24.3.2025, pending before C.J.M., Aligarh.
4. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 17.4.2025. It is further submitted that the said compromise has already been filed before the court below.
5. Though learned counsel for opposite party No.2 did not dispute the above fact, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
6. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law.
7. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
8. 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.
9. With the aforesaid direction, the present application is disposed of. Order Date :- 9.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad