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2025 DAILYLAW 66675 (ALL)

DILIP KUSHWAHA v. STATE OF U.P. AND ANOTHER

NA528/20802/2025 · 2025-09-23

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 20802 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri Mohammad Zafar Yab Khan, learned counsel for the applicant as well as Sri S.P. Singh, learned State Law Officer for the State and Sri Lavkush Kumar Bhatt for the opposite party no. 2. 2. This application u/s 528 of BNSS has been preferred to quash the impugned order dated 04.09.2024 passed by learned Additional Civil Judge (Junior Division)/Additional Chief Judicial Magistrate, Kannauj in Case No. 708 of 2019 (Ruchi Vs. Dilip Kushwaha and others) for the offence punishable under Section 12 of the DV Act, P.S. Gursahaiganj, District Kannauj, whereby the learned Magistrate has allowed the application filed by the opposite party no. 2 under Section 12 of the DV Act and directed the applicant to pay Rs. 4000/- per month to the opposite party no. 2 besides paying Rs. 40,000/- compensation as well as the entire proceedings of Case No. 708 of 2019 under Section 12 of the DV Act, P.S. Gursahaiganj, District Kannauj, pending in the court of Additional Civil Judge (Junior Division)/Additional Chief Judicial Magistrate, Kannauj. 3. This Court on 23.06.2025 proceeded to pass the following order.- "1. Heard learned counsel for the applicant, Sri Lavkush Kumar Bhatt, learned counsel for the informant and learned AGA for the State. 2. This application under 528 BNSS has been filed by the applicant to quash/set-aside the impugned order dated 04.09.2024 passed by the learned Additional Civil Judge (Junior Division)/Additional Chief Judicial Magistrate, Kannauj in Case No. 708 of Versus Counsel for Applicant(s) : Mohammad Zafar Yab Khan Counsel for Opposite Party(s) : G.A., Lavkush Kumar Bhatt Dilip Kushwaha .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 2019 (Ruchi Vs. Dilip Kushwaha and others) for the offence punishable under Section 12 of The Domestic Violence Act, Police Station Gursahaiganj, District Kannauj. 3. Learned counsel for the applicant submits that the parties have entered into a compromise. 4. Learned A.G.A. submits that the compromise effected between the parties may be verified before the court concerned. 5. In the interest of justice, the applicant and the opposite party no.2 are directed to appear before the court concerned on 14.07.2025 and shall submit the compromise, which shall be verified by the court concerned and a report in this regard shall be submitted before this Court within 15 days thereafter. 6. List on 13.08.2025 in top ten cases. 7. Till the next date of listing, further proceedings in the aforesaid case shall remain stayed." 4. There is an office report dated 13.08.2025 that the report of the court below has been received. The report dated 10.07.2025 of Civil Judge (J.D.)/F.T.C., Kannauj indicates that the parties have entered into compromise and the same has been verified. 5. Learned State Law Officer as well a the counsel for the opposite party No. 2 do not dispute the said fact. 6. Thus, this Court finds that there is no reason to proceed with the matter. 7. Accordingly, the application is allowed. 8. The proceedings of Case No. 708 of 2019 (Ruchi Vs. Dilip Kushwaha and others) under Section 12 of the DV Act, P.S. Gursahaiganj, District Kannauj, pending in the court of Additional Civil Judge (Junior Division)/Additional Chief Judicial Magistrate, Kannauj, is quashed. September 24, 2025 Rajesh NA528 No. 20802 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad