AMIT KUMAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/22810/2025 · 2025-09-17
Sanjay Kumar Pachori
body2025
DailyLaw.ai
[ 2025 DAILYLAW 69688 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 69688 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 22810 of 2025 Court No. - 74 HON'BLE SANJAY KUMAR PACHORI, J.
1. The present application under Section 528 of Bharatiya Nagarik Suraksha Sanhita has been filed to quash the entire proceedings of Complaint Case No. 287 of 2022, as well as cognizance/ summoning
order dated 24.11.2022 by which the learned Magistrate took cognizance under Sections 452, 323, 504, 506 of I.P.C., Police Station- Civil Lines, District Rampur, pending in the court of Additional Civil Judge (Senior Division) Court No. 2, Rampur on the basis of compromise.
2. Learned counsel for both the parties submitted that parties settled their private dispute arising out of offence punishable under Sections 452, 323, 504, 506 of I.P.C. on the basis of compromise dated
26.05.2025. The aforesaid case is related to matrimonial dispute. A certified copy of the verified compromise in pursuance of the earlier
order passed by this Court in another Application U/S 482 which is on record as Annexure No. 1 of supplementary affidavit. 3. Learned counsel for the opposite party no. 2 argued that as the applicants have already arrived at amicable settlement on 21.08.2023, therefore, opposite party no. 2 is no more interested to pursue the case any more against the applicants. 4. Heard, Sri Suneel Kumar Mishra, Kumar, learned counsel for the applicants, Sri Dinesh Kumar, Advocate holding brief of Sri Anant Prakash Mishra, learned counsel for the opposite party no. 2 and Sri Karunakar Singh, learned A.G.A. for the State are present. 5. Brief facts of the case are that the case is related to matrimonial Versus Counsel for Applicant(s) : Suneel Kumar Mishra Counsel for Opposite Party(s) : Anant Prakash Mishra, G.A. Amit Kumar And 3 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
dispute, both the parties are applicant no. 4 and opposite party no. 2 are husband and wife and settled their matrimonial dispute. Both the parties entered into an amicable settlement, and fact of compromise has been confirmed and admitted by learned counsel for the parties and has jointly submitted that in the interest of justice the proceedings may be quashed in the light of the compromise. 6. Keeping in mind, the law laid down by the Supreme Court in Gian Singh v. State of Punjab & another, (2012) 10 SCC 303; Madhavrao Jiwajirao Scindia v. Sambhajirao Chandraojirao Angre, (1988) 1 SCC 692 and Parbathbhai Aahir @ Parbatbhai Bhimsinghbhai Karmur & Others v. State of Gujarat & another, (2017) 9 SCC 641 and facts, circumstances of the case, the present application under Section 528 of the BNSS is allowed. 7. The entire proceedings of Complaint Case No. 287 of 2022, as well as cognizance/ summoning order dated 24.11.2022 by which the learned Magistrate took cognizance under Sections 452, 323, 504, 506 of I.P.C., Police Station- Civil Lines, District Rampur, pending in the court of Additional Civil Judge (Senior Division) Court No. 2, Rampur is hereby quashed. 8. This order is being passed by this Court after hearing the contesting parties. If at all, opposite party no. 2 feels that he has been duped or betrayed, then in that event, he may file recall application explaining the reasons for filing the said application. 9.
The parties may file the certified copy of this order before the court concerned within four weeks from today. 10. Interim order, if any, stands vacated. September 18, 2025 Ishan NA528 No. 22810 of 2025 2 (Sanjay Kumar Pachori,J.) Digitally signed by :- ISHAN JAISWAL High Court of Judicature at Allahabad