Neutral Citation No. - 2025:AHC:127753 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 27633 of 2025 Applicant :- Vivek Kumar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhiya Vikash Bharti,Chhaya Sahu,Dewarshi Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Bhiya Vikash Bharti, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State. 2. In view of the order which is being proposed to be passed notices are not being issued to the opposite party no.2. 3. This application under Section 528 B.N.S.S. has been filed by the applicants to quash the complaint no. 38002 of 2017, (Mamta versus Vivek Kumar and others) U/Ss - 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961 P.S.-Naubasta, District- Kanpur Nagar pending before the court of Additional Civil Judge (Jr.Div.)-4/Judicial Magistrate, Kanpur Nagar on the basis of compromise. 4. Learned counsel for the applicants has submitted that the proceedings under Section 156(3) Cr.P.C. came to be drawn by the opposite party no.2 under Sections 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961 however, during the pendency said proceedings the parties have compromised and an application under Section 257 read with Section 258 Cr.P.C. came to be preferred which is Annexure-6 at page 47 and onwards of the application reference whereof has been made in paragraph no. 13 on 17.8.2024. However the said application came to be returned on the ground that the offences are non compoundable by virtue of the order dated 18.9.2024. 5. Learned counsel for the applicants has invited the attention of the Court towards Annexure-4 at page 38 of the paper book so as to contend that in the proceedings under Section 125 Cr.P.c. on 3.9.2024 the entire proceedings were laid to rest and while further inviting attention towards para-12 Annexure-5 at page 41 onwards it is contended that a decree of divorce was passed on 19.9.2024 and while further inviting attention attention towards page 35 Annexure-3 at page 34 of the paper book it is contended that the proceedings under Section 12 of the D.V. Act also stood dismissed as withdrawn. 6. Learned counsel for the applicants thus submits that a direction be issued to the court below to decide the application with most expedition. 7. Learned AGA on the other hand submits that he has no objection to the same. 8. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Additional Civil Judge (Jr.Div.)-4 / Judicial Magistrate, Kanpur Nagar while filing a self- attested copy of the present application and certified copy of the order by 14.08.2025. 9. Till the disposal of the said application/compromise application, no coercive action shall be taken against the applicants in pursuance of complaint no. 38002 of 2017, (Mamta versus Vivek Kumar and others) U/Ss - 498A, 323, 504, 506 I.P.C. and 3/4 Dowry Prohibition Act, 1961 P.S.-Naubasta, District- Kanpur Nagar pending before the court of Additional Civil Judge (Jr.Div.)- 4/Judicial Magistrate, Kanpur Nagar. 10. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 11. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 31.7.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad