Neutral Citation No. - 2025:AHC:70836 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 15442 of 2025 Applicant :- Rohit Kumar Alias Rohit Karan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jahangir Haider Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Jahangir Haider, learned counsel for the applicant, as well as Sri Bhuwal Vishwakarma, learned AGA for the State. 2. In view of the order, which is being proposed to be passed today, notices are not being issued to O.P. No.2. 3. This application u/s 528 of BNSS has been preferred for quashing the Complaint Case No. 143 of 2022 (Tara Devi Vs. Rohit and others) under Sections 498A, 323, 504, 506 1.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Muradnagar, District Ghaziabad, pending before learned Addl. Civil Judge (Junior Division) (1), District Ghaziabad as well as summoning order dated 15.10.2022 passed in the aforesaid case. 4. The applicants herein had earlier approached this Court while filing Application u/s 482 No. 38123 of 2024, Rohit Kumar @ Rohit (Karan) vs. State of U.P., wherein on 15.01.2025, following orders were passed: - "1. Heard Sri Jahangir Haider, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed for quashing the order dated 15.10.2022 as well as entire proceedings of Complaint Case No.143 of 2022 (Tara Devi Vs. Rohit and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Muradnagar, District Ghaziabad, pending in the court of learned Additional Civil Judge (Junior Division) (1), District Ghaziabad. 3. Contention of learned counsel for the applicant is that the dispute between the applicant and opposite party no.2 is matrimonial in nature and now both the parties have settled their dispute amicably and a written compromise dated 31.05.2024 has also been entered between them. A copy of compromise along with application dated 31.05.2024 has also been filed before the court of A.C.J. (J.D.), Court No.1, Ghaziabad and same has been annexed at page no.48 of the affidavit filed in support of present application. It is further submitted that on the basis of aforesaid compromise, the impugned proceeding may be quashed. 4. Per contra, learned A.G.A. has submitted that this compromise between the parties yet to be verified by the court below, therefore, proceedings cannot be quashed on the basis of aforesaid compromise. 5. Considering the aforesaid submissions, present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties and after verification of the aforesaid compromise, the court below will permit the parties to obtain certified copy of the same. 6. The aforesaid exercise of verification shall be completed within a period of two months from the date of receiving of certified copy of this order and for a period of two months, no coercive action shall be taken against the applicant in the aforesaid case. 7. It is further provided that the parties are at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise. 8. With the aforesaid direction, the application is disposed of." 5. Learned counsel for the applicant submits that post passing of the order, the compromise stood verified by the court of Addl. Civil Judge (Jr. Div.)/ Judicial Magistrate, Ghaziabad on 13.02.2025, which is on record as Annexure-4 at page-54 of the paper-book, reference whereof has been made in para-15 of the application. Learned counsel for the applicant submits that nothing remains to be further adjudicated. 6. Learned A.G.A. has no objection to the same. 7. Considering the submissions so made across the bar and in the light of the fact that already compromise stands entered into between the parties and the same also stands verified by the court below and further in view of the judgment in the case of Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, nothing remains to be further proceeded with. 8. Accordingly, the application is allowed. 9. The proceedings of Complaint Case No. 143 of 2022 (Tara Devi Vs. Rohit and others) under Sections 498A, 323, 504, 506 1.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station Muradnagar, District Ghaziabad, pending before learned Addl. Civil Judge (Junior Division) (1), District Ghaziabad as well as that of summoning order dated 15.10.2022 passed in the aforesaid case, in so far applicant is concerned, are quashed. 10. It is always open for the opposite party no. 2 to take appropriate proceedings before this Court, in case, the order prejudices her. Order Date :- 5.5.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad