Neutral Citation No. - 2025:AHC:86079 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 18110 of 2025 Applicant :- Jasveer @ Jasveer Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hitesh Pachori Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Hitesh Pachori, learned counsel for the applicant as well as Sri Pankaj Kumar Rai, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire criminal proceedings of Complaint Case No. 854/2012 [Smt. Kalpna Vs. Jasveer Singh & others] U/s 498-A, 323 I.P.C. & 3/4 D.P. Act, Police Station Sadar Bazar, District Agra, along with the summoning order dated 28.05.2013 and NBW dated 18.09.2020, in pursuance to the compromise between the parties, pending in the Court of Additional Chief Judicial Magistrate-VII, Agra. 3. Learned counsel for the applicant has submitted that a complaint under Section 156(3) of Cr.P.C. had lodged by the opposite party no. 2 on 02.09.2012 against the applicant and other family members under Section 498A, 323, 504, 506, 313 IPC read with Section 3/4 of DP Act pursuant whereto, the applicant was summoned on 28.05.2013 under Section 498A, 323 IPC read with Section 3/4 of the DP Act thereafter, proceedings under Section 13(b) of the Hindu Marriage Act was instituted by the opposite party no. 2-wife being Case No. 2032 of 2017, a copy whereof is Annexed as Annexure-4 at page 69 of the paper book wherein at page 70 in para 17 of the paper book the recital of the present case being Complain Case No. 854 of 2012, under Section 498A, 323 read with Section 3/4 of the DP Act was mentioned with a recital that the proceedings will be undertaken for withdrawing the said case, the proceedings under Section 13(b) of the Hindu Marriage Act came to be allowed on 08.12.2018 by the Court of Family Judge, Agra. Learned counsel for the applicant has submitted that the applicant was harboring under the impression that since the parties have separated themselves and they have taken their own path, thus, the proceedings would be dropped and given its logical end while giving it a decent burial and the applicant in this regard also apprised the court below by filing an application on 01.07.2019 Annexure-7 at page 78 of the paper book but according to the learned counsel for the applicant non-bailable warrants have been issued against the applicant on 18.09.2020. It is also contended that non bailable warrants have also been issued against the opposite party no. 2 on 14.12.2018. Contention of the learned counsel for the applicant is that once an application had been preferred on 07.12.2019 bringing on record the factum about the order passed under Section 13(b) of the Hindu Marriage Act then there is no occasion to issue non bailable warrants. 4. Learned AGA, on the other hand, submits that whatever might be it is for the applicant to appear before the court below while filing a recall application for recalling of the order taking the ground of the subsequent events which have occurred as noticed above. 5. I have heard the submission so made across the bar and perused the record carefully. 6. Apparently, a complaint was lodged pursuant whereto summoning order was passed on 28.05.2013 under Section 498A, 323 IPC read with Section 3/4 of the DP Act. Once, a non bailable warrant has been issued then it is always open for the applicant to file a recall application taking into account the factum of disposal of the application under Section 13(b) and this Court has no reasons to disbelieve that the same shall be decided with most expedition. 7. Accordingly, the application is disposed of directing the applicant to submit a recall application by 31.05.2024. On the said recall application, the court below shall proceed to passed an appropriate order strictly in accordance with law subject to the compliance which the applicant is to make under the statute. 8. Till the recall application is decided no coercive action shall be taken against the applicant in Complaint Case No. 854/2012 [Smt. Kalpna Vs. Jasveer Singh & others] U/s 498-A, 323 I.P.C. & 3/4 D.P. Act, Police Station Sadar Bazar, District Agra, along with the summoning order dated 28.05.2013 and NBW dated 18.09.2020, in pursuance to the compromise between the parties, pending in the Court of Additional Chief Judicial Magistrate-VII, Agra. 9. The protection accorded to the applicant 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 :- 21.5.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad