RITESH JAISWAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/454/2025 · 2025-03-16
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 5501 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 5501 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:37436 Court No. - 75 Case :- APPLICATION U/S 482 No. - 454 of 2025 Applicant :- Ritesh Jaiswal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Singh Counsel for Opposite Party :- G.A.,Sunil Kumar Singh Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajendra Singh, learned counsel for the applicant, Shri Sunil Kumar Singh, learned counsel for the opposite party no. 2 and Shri Rajeev Kumar Singh, learned A.G.A. for the State and perused the record.
2. The present application has been filed to quash the summoning
order dated 04.03.2022 and charge sheet dated 03.01.2022 and entire proceeding of Criminal Case No. 333 of 2022 in Case Crime No. 206 of 2021, under Sections 498-A, 323 IPC and 3/4 D.P. Act, P.S.- Chakia, District- Chandauli, pending in the court of learned Judicial Magistrate, Chakia District Chandauli.
3. It is jointly submitted by learned counsel for the applicant as well as learned counsel for opposite party no. 2 that dispute between the parties is matrimonial in nature now they have settled their dispute amicably through compromise dated 25.10.2022 and compromise has also been entered between them, copy of the same has been annexed at Page 65 of the affidavit. A further request is made by both the parties that on the basis of compromise deed, this application may be dispose of.
4. However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid
compromise.
5. Considering the aforesaid submissions made by both the parties and taking into account peculiar facts of this case that the present application is disposed of with direction to the applicants to file original deed of compromise before the court below within a period of 15 days and on filing such compromise the court below will verify the same within a period of next two month and for a period of two and half months, no coercive measures shall be taken against the applicants in the aforementioned case.
6. The applicants are granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings on the basis of verified compromise.
Order Date :- 17.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad