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2025 DAILYLAW 53788 (ALL)

JITENDRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15650/2025 · 2025-05-05

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72895 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15650 of 2025 Applicant :- Jitendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohan Kant Baghel Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohan Kant Baghel, learned counsel for the applicants and Ms Harshita Rani, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No. 381 of 2025 (State of U.P. Vs. Jitendra & others) pending before the Court of Additional Chief Judicial Magistrate Court No. 4, Agra, as well as Cognizance and Summoning order dated 08.01.2025 in Case Crime no. 401 of 2023 Under Sections 498A, 323 and 506 of I.P.C. against applicants at Police Station Etmadpur, District- West Commissionerate Agra, passed by Court of Additional Chief Judicial Magistrate Court No.4, Agra, on the bases of compromise dated 26.03.2025. 3. It is submitted by learned counsel for the applicants that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 26.03.2025 has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. 8. Office is directed to return the original deed of compromise to the counsel for the applicants after obtaining the photocopies of the same. Order Date :- 6.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad