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Neutral Citation No. - 2025:AHC:84954 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 17951 of 2025 Applicant :- Raghav Raghuvanshi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mandvi Tripathi,Santosh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Alka Upadhyay (A/A 0066/2017) advocate holding brief of Shri Santosh Tripathi, learned counsel for the applicant as well as Sri S.P. Singh, learned State Law Officer for the State. 2. The applicants herein had earlier approached this Court while filing in Application U/S 528 BNSS No. 8665 of 2025, in which on 02.04.2025, the following orders were passed:
"1. Supplementary Affidavit filed today is taken on record. 2. Heard Sri Rahul Tripathi (AoR No.A/R0538/2020) holding brief of Sri Santosh Tripathi, learned counsel for the applicant, and Sri Moti Lal, learned A.G.A. for the State. 3. This is an application u/s 528 BNSS preferred by the applicant for quashing the impugned summoning order dated 21.09.2024 passed by Learned Additional Civil Judge (J.D.) / Judicial Magistrate Court No.03, Ghaziabad in Complaint Case No. 4020 of 2023 (Smt. Geetanjali Vs. Raghav Raghuvanshi) under sections 498A, 323 & 506 I.P.C. & of Dowry Prohibition Act at Police Station Nandgram, District Ghaziabad and also to quash the entire proceeding in Complaint Case No. 4020 of 2023 (Smt. Geetanjali Vs. Raghav Raghuvanshi) under sections 498A, 323 & 506 I.P.C. & of Dowry Prohibition Act at Police Station Nandgram, District Ghaziabad pending in the court of Learned Additional Civil Judge (J.D.) / Judicial Magistrate Court No.03, Ghaziabad. 4. Learned counsel for the applicant submits that though summoning order was issued on 21.09.2024 under Sections 498A, 323, 506 IPC read with Section 3/4 of D.P. Act. However, the parties have entered into a compromise on26.03.2025, which is on record as Annexure-SA1 at page-7 of the Supplementary Affidavit, reference whereof has been given in paragraph-3 of the same, filed today. Learned counsel for the applicant submits that the said compromise has also been filed before the Court of IIIrd Additional Civil Judge (Court No.3), Ghaziabad. Learned counsel for the applicant submits
that till the verification is done, protection be accorded to the applicant. 5. Learned A.G.A. has no objection to the same. 6.
Considering the submissions so made across the Bar, the application stands disposed of, it is hereby provided that the applicant shall appear before the court below along with the self-attested copy of the application under Section 528 BNSS, and the certified copy of the order in the week commencing 15.04.2025, on which date, the court below shall put to notice the O.P. no.2 and thereafter fix a date in the first week of May, 2025 for the verification and the same be done by 25.05.2025. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants in Complaint Case No. 4020 of 2023 (Smt. Geetanjali Vs. Raghav Raghuvanshi) under sections 498A, 323 & 506 I.P.C. & of Dowry Prohibition Act at Police Station Nandgram, District Ghaziabad, pending in the court of Learned Additional Civil Judge (J.D.) / Judicial Magistrate Court No.03, Ghaziabad. 8. In case of default, interim protection accorded to the applicant shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicant will be free to approach this Court again."
3. Learned counsel for the applicant submits that now the compromise stands verified on 21.05.2025, a copy and the document to the said extent is already on record as Annexure 6 at page 45 and onward reference whereof has been made in paragraph 12. Thus, submission is that the proceedings be quashed. 4. According to the learned AGA, there happens to be a certified copy of the order dated 21.05.2025 and the compromise annexed thereto. 5. Considering the submission so made across the bar and respectively following the judgment in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 as well as the
judgment in the case of State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688. There is no reason to proceed with the matter.
6. Accordingly, the application is allowed.
7. The proceedings of Complaint Case No. 4020 of 2023 (Smt. Geetanjali Vs. Raghav Raghuvanshi) under sections 498A, 323 & 506 I.P.C. & of Dowry Prohibition Act at Police Station Nandgram, District Ghaziabad pending in the court of Learned Additional Civil Judge (J.D.) Judicial Magistrate Court No.03, Ghaziabad., be quashed.
8. It shall be open for the aggrieved party to prefer an application, if it is so occasioned.
Order Date :- 20.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad