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2025 DAILYLAW 53444 (ALL)

RAM SEWAK AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/39349/2018 · 2025-05-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:76080 Court No. - 75 Case :- APPLICATION U/S 482 No. - 39349 of 2018 Applicant :- Ram Sewak And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhoopendra Pratap Singh,Pramod Kumar Singh Counsel for Opposite Party :- Amit Kumar Singh,G.A.,Shiv Chand Yadav Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Pramod Kumar Singh, learned counsel for the applicants, Shri Shiv Chand Yadav, learned counsel for the opposite party no.2 and Shri Rakesh Kumar Soni, learned State Law Officer for the State. 2. This application has been filed to quash the entire proceedings of Complaint Case No.1076 of 2015 (Munna Lal vs. Balak Ram and others), Under Sections 147, 323, 452, 435/34 IPC, Police Station Chhibramau, District Kannauj as well as impugned summoning order dated 16.07.2018. 3. 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 10.09.2022. It is further submitted that the said compromise has already been filed before the court below. 4. Though learned counsel for opposite party No.2 did not dispute the above fact, Shri R.K. Soni, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. 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. 6. 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. 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 :- 9.5.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad