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2025 DAILYLAW 58667 (ALL)

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

NA528/18338/2025 · 2025-05-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:87273 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18338 of 2025 Applicant :- Guddu Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Virendra Pratap Pal Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Virendra Pratap Pal learned counsel for the applicants as well as Sri Motilal, learned AGA for the State. 2. Learned counsel for the applicants has submitted that during the pendency of the present proceedings an order came to be passed on 05.11.2024 in matrimonial case no. 208 of 2024 whereby there had been a mutual divorce under Section 13(b) of the Hindu Marriage Act and further while inviting attention towards Annexure-5 at page 30 onwards, it is contended that on 08.01.2024, the parties have entered into compromise out of Court. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 3. Learned AGA, on the other hand, submits that once compromise application has been preferred, then the direction be issued for verification of the same. 4. Considering the said submission, the application stands disposed of directing the applicants (parties) to submit a self attested copy of the present application, certified copy of the order and original copy of the compromise application before the Court of Additional Chief Judicial Magistrate, Agra by 31.05.2025. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application within a period of two months. 5. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of summoning order dated 18-01- 2016 as well as the further proceedings of the complaint case No. 2258 of 2014 (Smt. Laxmi Vs Guddu and others) U/s 498A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ethmaadpur, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra. 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. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 22.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad