VIJAY KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/1702/2025 · 2025-04-08
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8244 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8244 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:51751 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1702 of 2025 Applicant :- Vijay Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhanshu Kumar Singh Counsel for Opposite Party :- Deepanshu Sharma,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Sudhanshu Kumar Singh, learned counsel for the applicants, Shri Deepanshu Sharma, learned counsel for the opposite party no. 2 and Sri R. K. Singh, learned AGA for the State.
2. The instant application has been filed to quash the entire proceedings of Case No.2300/IX/2024, arising out of Case Crime No. 0035/2023, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Banda and charge sheet dated 03.11.2023 and summoning order dated 06.07.2024.
3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise has also been entered into between them.
4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification.
5. Considering the aforesaid submission, present application is
disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law.
6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive
action shall be taken against the applicants.
7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 9.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad