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2025 DAILYLAW 62922 (ALL)

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

NA528/19326/2025 · 2025-05-27

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:91136 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 19326 of 2025 Applicant :- Deepak Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rohit Nandan Pandey Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Mrs. Alka Srivastava has filed her Vakalatnama on behalf of opposite party No. 2 is taken on record. 2. Heard Sri Rohit Nandan Pandey, learned counsel for the applicant as well as Sri Indrajeet Singh Yadav, learned AGA for the State and Sri S.K. Srivastava, holding brief of Mrs. Alka Srivastava learned counsel for the opposite party No. 2. 3. This application under Section 528 of the B.N.S.S. has been filed by the applicant to quash the entire proceedings of Criminal complaint dated 30.03.2018, under Section 498-A, 323, 506 IPC 3/4 D.P. Act, P.S. Baghpat, Distt: Baghpat, as well as summoning order dated 05.03.2019, under Section 498-A, 323, 506 IPC 3/4 D.P. Act, passed by ACJM, Baghpat in Complaint Case No. 1469/2018, Pooja Sharma Vs. Deepak Kumar and others. 4. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceedings the parties have entered into settlement a copy whereof is already on 28.3.2025 which has been filed before the court below a copy whereof is Annexure 3 at page 20 onwards reference whereof has been made in paragraph no. 14 of the application. He has further submitted that in the proceedings in First Appeal No.68 of 2024, Deepak Kumar Sharma vs. Pooja Sharma, the compliance of the orders of the court dated 5.5.2025 and 13.5.2025 the entire amount has been deposited. He has also submitted that the compromise/settlement be directed to be verified. 5. Learned AGA as well a the counsel for the opposite party No. 2 do not dispute the said fact. 6. Considering the said submission, the application stands disposed of directing the applicant to appear before the court below by 23.06.2025 and original copy of the compromise/settlement along with the self attested copy of the present application. 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 as alleged to have been filed by the applicant by 22.08.2025. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicant in the proceedings in Complaint Case No. 1469/2018, Pooja Sharma Vs. Deepak Kumar and others, Under Section 498-A, 323, 506 IPC 3/4 D.P. Act, pending in the court of ACIM, Baghpat. 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. The parties are free to take legal recourse post outcome of the compromise. 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. Order Date :- 28.5.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad