Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 84010 (ALL)

AMIT KUMAR TRIPATHI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/29693/2025 · 2025-08-12

Vikas Budhwar

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:138483 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 29693 of 2025 Applicant :- Amit Kumar Tripathi And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Aushim Luthra,Pranav Tiwary Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Abhisht Jaiswal (AoR A/A 1315/2022) holding brief of Sri Aushim Luthra, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned AGA for the State. 2. The applicants herein had earlier approached this Court while filing application u/s 482 Cr.P.C No. 39978 of 2024 connected with Application u/s 482 No. 37453 of 2019 in which on 02.01.2025, the following order was passed.- "1. Heard Sri Aushim Luthra, learned counsel for the applicants and Sri Ashish Kumatr Gupta, learned counsel for the opposite party no.2 as well as Sri Pankaj Srivastava, learned A.G.A. for the State. 2. The present applications have been filed for quashing the summoning order dated 15.03.2019 passed by Judicial Magistrate, Court No.3, Varanasi as well as entire proceedings of Complaint Case No.837 of 2018 (Astha Tripathi Vs. Amit Kumar Tripathi and others), under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Badagaon, District Varanasi, pending in the court of learned A.C.J.M.- VII, Varanasi, on the basis of compromise. 3. Learned counsel for the applicant submits that the present dispute is a matrimonial in nature and now the applicants and opposite party no.2 have settled their dispute amicably. It is further submitted that a written compromise dated 25.09.2024 has already been filed before the court below. It is also submitted that on the basis of aforesaid compromise, impugned proceedings may be quashed. 4. Learned counsel for the opposite party no.2 has not disputed the aforesaid facts. 5. Per contra, learned A.G.A. has submitted that the compromise dated 25.09.2024 entered into between the parties annexed at page no.42 of the application is yet to be verified by the court below, therefore, proceedings cannot be quashed on the basis of aforesaid compromise. 6. Considering the aforesaid submissions, present application is disposed of with direction to the court below to verify the compromise after summoning the parties and after verification of the aforesaid compromise, the court below will permit the parties to obtain certified copy of the same. 7. The aforesaid exercise of verification shall be completed within a period of two months from the date of receiving of certified copy of this order. Thereafter, the court below may permit the complainant to withdraw the impugned complaint under Section 257 Cr.P.C. 8. For a period of two months no coercive action shall be taken against the applicants in the aforesaid case. 9. It is further provided that the parties are at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 10. With the aforesaid direction, the application is disposed of." 3. Learned counsel for the applicants has invited the attention of the Court towards Annexure-5 at page 61 of the paper book which happens to be the compromise application dated 25.09.2024. as well as the order at page 66 of the paper book dated 07.07.2025 verifying the compromise by the court of Incharge, Additional Chief Judicial Magistrate, Court No. 7, Varanasi. Learned counsel for the applicants submits the once the compromise stood entered into between the parties and it has been verified then the proceedings be quashed. 4. Learned AGA has no objection to the same. 5. Considering the submission so made across the bar and bearing in mind that the compromise stands entered into and verified and respectively following the judgment 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, nothing remains to be further proceeded with. 6. Accordingly, the application is allowed. 7. The proceedings of complaint case no. 837 of 2018 (Astha Tripathi Vs. Amit Kumar Tripathi and others, under Sections 498- A, 323, 506 IPC and Section 3 Dowry Prohibition Act, Police Station Badagaon, District Varanasi, is quashed. Order Date :- 13.8.2025 Rajesh Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad