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2025 DAILYLAW 78500 (ALL)

RAGHVENDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/28036/2025 · 2025-08-04

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:130968 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 28036 of 2025 Applicant :- Raghvendra Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Geeta Kushwaha,Sunil Kumar Kushwaha Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama of Sri Abhishek Mishra (AoR No.A/A0068/12) and Ms. Khushboo Gupta (AoR N. A/K-1108/23) filed today on behalf of O.P. No.2 as well as short counter affidavit filed today are taken on record. 2. Heard Sri Sunil Kumar Kushwaha, learned counsel for the applicants, Sri Bhuwal Vishwakarma, learned A.G.A. for the State and Sri Abhishek Mishra as well as Ms. Khushboo Gupta, learned counsel for O.P. No. 2. 3. This application has been preferred for quashing of the proceedings in Complaint No. 41 of 2023 (Smt. Shitla vs. Raghvendra & others) U/s 498-A, 323, 504 I.P.C. & 4 of D.P. Act Police Station Mahila Thana Orai, District Jalaun along with impugned summoning order dated 18.09.2023 by which concerned court summoned to applicant no. 1 U/s 498-A, 323 I.P.C. & 4 of D.P. Act and against the applicant no. 2 and 3 U/s 504 I.P.C. pending before Civil Judge (J.D.)/F.T.C. (Crime Against Women) Jalaun At Orai on the basis of compromise dated 08.07.2025. 4. Learned counsel for the applicants has submitted that during the pendency of the said proceedings, the parties have entered into compromise out of the Court on 08.07.2025, Annexure-4 at page39 of the paper-book, reference whereof has been made in para-11 of the application. Learned counsel for the applicants submits that direction be issued to the court below for verifying the compromise and till verification is done, no coercive action be taken. 5. Learned counsel for O.P. No. 2 has no objection to the same, as he supports the case of the the applicants. Learned A.G.A. also has no objection to the same. 6. Considering the submissions of the parties, it is hereby provided that the applicant shall appear before the court below along with the self-attested copy of the application under Section 528 of BNSS, original compromise application and the certified copy of the order by 21.08.2025, and on the said motion the court below shall verify the same. 7. In view of aforesaid, the application stands disposed of. 8. Till the verification is done, no coercive action shall be taken against the applicants in Complaint No. 41 of 2023 (Smt. Shitla vs. Raghvendra & others) U/s 498-A, 323, 504 I.P.C. & 4 of D.P. Act Police Station Mahila Thana Orai, District Jalaun and in summoning order dated 18.09.2023 by which concerned court summoned to applicant no. 1 U/s 498-A, 323 I.P.C. & 4 of D.P. Act and against the applicant nos. 2 and 3 U/s 504 I.P.C. pending before Civil Judge (J.D.)/F.T.C. (Crime Against Women) Jalaun At Orai. The protection accorded to the applicants 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. 9. 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. 10. Office to return the certified copy of the compromise subject to keeping a photocopy of the same on record. Order Date :- 5.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad