ADARSH SRIVASTAVA AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/15975/2025 · 2025-05-14
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 52878 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 52878 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:79921 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15975 of 2025 Applicant :- Adarsh Srivastava And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Mahesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mahesh Kumar, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The instant application has been filed for quashing the charge sheet dated 15.09.2023 as well as summoning order dated 02.08.2024 including the entire proceeding of Case No.15894 of 2024, arising out of Case Crime No.214 of 2023, under Sections 498A, 323, 504, 506 I.P.C., Police Station Chirgaon, District Jhansi.
3. Learned counsel for the applicants 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 05.04.2025 is reduced in written compromise and also annexed at page 69 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 applicant(s) is/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 :- 15.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad