Neutral Citation No. - 2025:AHC:137499 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24717 of 2025 Applicant :- Vinay Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Pati Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Deepak Upadhyay (A/D 0533/ 2022) on behalf of O.P. No.2 is taken on record. 2. Heard Sri Anand Pati Tiwari, learned counsel for the applicants, Sri K.K. Vishwakarma, learned A.G.A. for the State and Sri Deepak Upadhyay, learned counsel for O.P. No.2. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 29.10.2021 passed by the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Auraiya as well as the proceeding in Complaint No.400 of 2019 (Smt. Saraswati @ Vandana Vs. Vinay and others), Under Section 323 I.P.C. and Section 3/4 D.P. Act, Police Station-Achalda, District Auraiya, pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Auraiya on the basis of compromise dated 14.02.2025. 4. The applicant herein had earlier approached this Court while filing Application u/s 528 of BNSS No.7954 of 2025, Vinay Kumar and 5 others vs. State of U.P. and another, in which on 11.03.2025, following orders were passed:- "1. Short counter affidavit along with Vakalatnama filed by Sri Deepak Upadhyay, Advocate on behalf of opposite party no.2 is taken on record. 2. Heard Sri Subham Singh, Advocate holding brief of Sri Anand Pati Tiwari, learned counsel for the applicants, Sri Deepak Upadhyay, learned counsel for the opposite party no.2 and Sri Uday Bhan, learned AGA for the State. 3. The instant application under Section 482 Cr.P.C. has been filed for quashing the summoning order dated 29.10.2021 passed by the Civil Judge (Junior Division)/Judicial Magistrate, Auraiya as well as entire proceeding of Complaint Case No.400 of 2019, under Sections 323 I.P.C. and 3/4 D.P. Act, Police Station Achalda, District Auraiya, pending in the court of Civil Judge(J.D.)/ Judicial Magistrate, Auraiya. 4. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 14.02.2025 is reduced in written compromise and also annexed at page 27 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though this fact is not disputed by the counsel for the opposite party no.2 but learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 6. In view of the above, the applicant is directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties. It is further directed that the court below may quash the impugned proceeding on the basis of verified compromise. 7. For a period of two months, no coercive action shall be taken against the applicants in the aforesaid case. 8. 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. 9. With the aforesaid direction, the present application is disposed of." 5. According to learned counsel for the applicant, compromise so entered between the parties stood verified on 26.03.2025 by the Civil Judge (Jr. Div.)/ Judicial Magistrate, Auraiya, copy whereof is Annexure-4 at page-31 and onwards, reference whereof has been made in para-16 of the application. Learned counsel for the applicants submits that once the compromise stands entered and verified, then now nothing remains to be further proceeded with. 6. Learned A.G.A. as well as learned counsel for the O.P. no.2 have no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, in view of the judgment in case of Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan, 2019 (5) SCC 688 this Court does not find any justification to further proceed. 8. Accordingly, the application is allowed. 9. The summoning order dated 29.10.2021 passed by the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Auraiya as well as the proceeding in Complaint No.400 of 2019 (Smt. Saraswati @ Vandana Vs. Vinay and others), Under Section 323 I.P.C. and Section 3/4 D.P. Act, Police Station-Achalda, District Auraiya, pending in the Court of learned Civil Judge (Junior Division)/Judicial Magistrate, Auraiya, in so far as it relate to the applicants stand quashed. Order Date :- 13.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad