Neutral Citation No. - 2025:AHC:86078 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16306 of 2025 Applicant :- Vishesh Pal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Sen Pal,Jay Devi Counsel for Opposite Party :- Manoj Kumar Kushwaha,G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Chandra Sen Pal, learned counsel for the applicant and Sri Kripa Shanker, learned AGA for the State as well as Shri Manoj Kumar Kushwaha, counsel for the opposite party no. 2. 3. The counsel for the rival parties have made a joint statement that they do not propose to file any further affidavits, thus, with the consent of the parties, the application is being decided at the fresh stage. 4. The case of the applicant is that the applicant's marriage stood solemnized with the opposite party no. 2 on 23.04.2019 thereafter a complaint was lodged by the opposite party no. 2 on 25.08.2022 against the applicant's family members under Sections 498A, 323, 406, 504, 506 IPC read with Section 3/4 D.P. Act, pursuant whereto a summoning order came to be issued on 01.08.2023 while the Additional Civil Judge (Junior Division)-VII, Judicial Magistrate, Jaunpur in Case No. 259 of 2022 (Roshani v. Vishesh Pal). 5. Questioning the said order, the applicant has been filed the present application. 6. Learned counsel for the applicant has submitted that proceedings under Section 125 of the Cr.P.C. was initiated by the opposite party no. 2 against the applicant being Case No. 1773 of 2022 (Roshani v. Vishesh Pal) in which an exparte order of interim maintenance came to be passed on 29.03.2023. An application came to be preferred by the applicant under Section 126 of the Cr.P.C. on 07.02.2024 for recalling of the exparte order dated 29.03.2023 which came to be allowed on 19.02.2024 thereafter a joint application came to be filed in the shape of the compromise on 02.04.2024 before the Court of Principal Judge, Family Court, Jaunpur in proceedings in Case No. 1773 of 2022 (Roshani v. Vishesh Pal) under Section 125 of the Cr.P.C. that the opposite party no. 2 does not intend to pursue the proceedings under Section 125 of the Cr.P.C., the same be dropped and since the opposite party no. 2 is living with her husband i.e. applicant, thus, now remains nothing in the shape of any matrimonial discord. The said application came to be noticed by the Court of Family Court, Principal Judge, Jaunpur on 13.07.2024 in Case No. 1773 of 2022 and the compromise stood verified. Learned counsel for the applicant submits that now the opposite party no. 2 and the applicant being the husband and wife are living together. Thus, now there is no occasion for continuance of the proceedings in Complaint Case No. 259 of 2022 (Roshani v. Vishesh Pal) under Sections 498-A, 323 of I.P.C. and section 4 of D.P. Act. 7. Learned AGA as well as counsel for opposite party no. 2, Shri Manoj Kumar Kushwaha who has filed his Power, has made a statement at bar that the opposite party no. 2 and the applicant are living together and they are not interested in continuance of the proceedings with the said case and the same be quashed. Learned AGA submits that once the husband and the wife have come up with the joint statement that they are living together and now there happens to be no occasion to proceed further. 8. I have heard learned counsel for the parties and gone through the records carefully. 9. Apparently, after lodging of the present proceedings, proceedings under Section 125 of the Cr.P.C. lodged by the opposite party no. 2 against her husband/ applicant and on an application in the shape of the compromise was taken note of and on 13.07.2024, the Court of Principal Judge/ Family Court, Jaunpur in Case No. 1773 of 2022 had verified the compromise and decided the said proceedings in the light of the compromise. Once the parties are living together, there is no such dispute or differences as on date and they are interested getting the proceedings a decent burial, thus, considering the overall fact and situation as well as the statement so made by the rival parties, the application is allowed. 10. The proceedings of Complaint Case No.259 of 2022 (Roshani v. Vishesh Pal) under Section 498-A, 323 of I.P.C. and Section 4 of D.P. Act, Police Station-Saraykhwaja, District-Jaunpur, pending in the court of Additional Civil Judge (JD) VII/ Judicial Magistrate, Jaunpur be quashed. 11. However as a precautionary measure, in case the opposite party no. 2 is aggrieved, she has a right to file application. Order Date :- 21.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad