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2025 DAILYLAW 81955 (ALL)

PAWAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30538/2025 · 2025-08-19

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:141968 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30538 of 2025 Applicant :- Pawan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandra Prakash Pandey,Saurabh Shukla Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Saurabh Shukla, learned counsel for the applicants as well as Sri Motilal, learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the summoning order dated 27.06.2019 passed by learned Judicial Magistrate Mathura along-with quash the proceeding of Complaint Case No. 213 of 2018, Under Section 498A, 323, 504, 506 I.P.C and 3/4 D.P. Act Police Station Mahila Thana, District Mathura (Smt Sapna Vs Pawan and others). 3. Learned counsel for the applicants has submitted that during the pendency of the aforesaid proceedings, the statement of opposite party no. 2 came to be recorded on 17.12.2024 according to which she does not intend to prosecute the said proceedings particularly when she is living with her husband and now there is no more differences between them. Learned counsel for the applicants submits that the applicants be accorded liberty to file a compromise application before the court below and a direction be issued to the court below to decide the same strictly in accordance with law. 4. Learned AGA has no objection to the same. 5. Considering the submissions so made across the bar, without issuing notice to the opposite party no. 2, the application stands disposed of directing the applicants to submit the original copy of the compromise application/affidavit along with the self attested copy of the present application and certified copy of the order by 12.09.2025 and on the said motion, the court below shall proceed to verify the compromise and pass appropriate order. 6. Till the verification is done in the compromise application, no coercive action shall be taken against the applicants in the summoning order dated 27.06.2019 passed by learned Judicial Magistrate Mathura along-with quash the proceeding of Complaint Case No. 213 of 2018, under Section 498A,323, 504,506 I.P.C and 3/4 D.P. Act Police Station Mahila Thana, District Mathura (Smt. Sapna Vs Pawan and others). 7. 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. Order Date :- 20.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad