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2025 DAILYLAW 56461 (ALL)

SACHIN KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/16919/2025 · 2025-05-26

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:90107 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 16919 of 2025 Applicant :- Sachin Kumar and another Opposite Party :- State of U.P. and another Counsel for Applicant :- Rakesh Kumar Verma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Rakesh Kumar Verma, learned counsel for the applicants and Sri Motilal, learned AGA for the State. 2. In view of the order which is being proposed to be passed, notice is not being issued to the opposite party no. 2. 3. The case of the applicant is that the marriage of the applicant no. 1 stood solemnized with the opposite party no. 2 on 10.12.2020, however, a complaint stood lodged by the opposite party no. 2 under Section 498A, 323, 504, 506 IPC on 25.08.2023 pursuant whereto the applicant no. 1 was summoned on 30.04.2024, under Sections 498A, 323, 506 IPC read with Section 3/4 of the DP Act and the applicant no. 2 under Sections 354 and 506 IPC. Learned counsel for the applicant has invited attention of the Court towards Annexure-5 at page 33 of the paper book reference whereof has been made in paragraph no. 18 of the application so as to contend that now the parties have entered into the compromise and as per para 4 of the said settlement all the cases pending between the parties shall be withdrawn. He further invited the attention of the Court towards Annexure-6 at page 41 of the paper book being a certified copy of the plaint in Case No. 1256 of 2024 under Section 13b of the Hindu Marriage Act filed before the Court of Family Judge, Moradabad. Learned counsel for the applicant further submits that though in the compromise entered out of the Court on 04.10.2024 though the recital has been made for withdrawal of the cases inter se pending between the parties but the recital of the present case has not been made. He submits that the applicants as well as the opposite party no. 2 shall be filing a compromise application before the court below by 20.06.2025 and the court below be directed to undertake the proceedings for verification of the same. 4. Learned AGA has no objection the same. 5. Considering the submission made across the bar, the application stands disposed of directing the applicants (parties) to file the compromise application before the Court of Civil Judge (J.D.), (Crime against Women), Moradabad by 20.06.2025 along with the original copy of the compromise, self attested copy of the present application and certified copy of the order. On the said motion, the court below shall undertake the proceedings for verification of the compromise by fixing a date and verify the same within a period of two months thereof. 6. Till the verification is done, the further proceedings of Complaint Case No. 33375 of 2023 Under Section 498-A, 323, 354,506 I.P.C. and 3/4 Dowry Prohibition Act Police Station Mahila Thana District Moradabad Smt. Rekha Vs. Sachin Kumar & Others, at present pending in the Court of Civil Judge Junior Division FTC (crime Against women Moradabad), including summoning order dated 30.04.2024 by which Ld. Court below summon the Applicant No. 1 Under Section 498-A 323, 506 I.P.C. and 3/4 Dowry Prohibition Act Police Station Mahila Thana District Moradabad shall remain stayed. 7. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 27.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad