SONU ALIAS SONPAL ALIAS SOHAN LAL AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/24408/2025 · 2025-07-13
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 73821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 73821 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:112211 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 24408 of 2025 Applicant :- Sonu alias Sonpal alias Sohan Lal and 5 others Opposite Party :- State of U.P. and another Counsel for Applicant :- Prabhat Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Prabhat Kumar Tiwari, learned counsel for the applicants and Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. The applicants herein had approached this Court while filing Application u/s 528 No. 4300 of 2025 in which on 21.04.2025, the following order was passed.-
"1. Heard Sri Prabhat Kumar Tiwari, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of complaint and its summoning order dated 11.10.2022 passed by Judicial Magistrate/Additional Civil Judge (Junior Division), Court No.09. Agra in Complaint Case No. 11047 of 2019 (Smt. Meenu Vs. Sonu @Sohan Lal and others) u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Sadar Bazar, District. Agra on the basis of compromise dated 13.01.2025 pending in the court of Additional Chief Judicial Magistrate, Court No.07, Agra. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 13.01.2025 has also been entered into between them. Copy of the same has been annexed at Annexure No.4 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra learned AGA opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 13.01.2025 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain
certified copy of the same. 6.
After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise."
3. There is a verification report of the court of Additional Chief Judicial Magistrate-VII, Agra dated 15.05.2025 which is at page 43 onwards reference whereof has been made in paragraph no. 15 of the application. Learned counsel for the applicants submits that now nothing remains to be further adjudicated as the parties have entered into compromise and the same stands verified. 4. Learned State Law Officer does not dispute the said fact. 5. Looking into the facts that the compromise has already been entered into between the parties as well as the judgment in the case of Gian Singh vs State of Punjab & another: (2012) 10 SCC 303 and State of Madhya Pradesh Vs. Laxmi Narayan: Criminal Appeal No. 349 of 2019, the application is allowed. 6. The proceedings of Complaint Case No. 11047 of 2019 (Smt. Meenu Vs. Sonu @ Sohan Lal and others), under Section 498-A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station- Sadar Bazar, District-Agra on the basis of compromise dated 13.01.2025 pending in the Court of Additional Chief Judicial Magistrate, Court No.07, Agra, be quashed. Order Date :- 14.7.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad