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Neutral Citation No. - 2025:AHC:145686 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31348 of 2025 Applicant :- Kuldeep And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rakesh Kumar Mishra, learned counsel for the applicants and Sri K.K. Vishwakarma, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicant to quash the summoning order dated 21.6.2022 passed by Civil Judge (Jr.Div.)/FTC (Atrocities against Women) as well as entire proceedings of Criminal Case No. 404/11/2019 (Himanchala Vs. Kuldeep and others) on the basis of compromise entered in between the parties dated 05.08.2025 Police Station Mahila Thana, District Rampur by which the learned court below summoned the applicant no.1/Kuldeep Under Sections 498A, 325, 316 IPC and U/s 3/4 D.P. Act and summoned the applicant no.2 to 6 U/s 498A IPC and 3/4 D.P. Act Police Station Mahila Thana, District Rampur, pending in the court of Judge (Jr.Div.)/FTC Court of Civil (Atrocities against Women). 3. Learned counsel for the applicants submits that during the pendency of the aforesaid proceedings the parties have themselves compromised on 5.8.2025 (Annexure-5 at page 59) and onwards reference whereof has been made in paragraph no. 20 of the application. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, no coercive action be accorded. 4. Learned AGA on the other hand submits that he has no objection to the same. 5. 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 Civil Judge (Jr.Div.)/FTC (Atrocities against Women) while filing a self- attested copy of the present application, original copy of
compromise and certified copy of the order passed today by
5.9.2025. On the said motion the court below shall verify the compromise strictly in accordance with law. 6. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of summoning order dated 21.6.2022 passed by Civil Judge (Jr.Div.)/FTC (Atrocities against Women) as well as entire proceedings of Criminal No. 404/11/2019 (Himanchala Vs.
Kuldeep and others) on the basis of compromise entered in between the parties dated 05.08.2025 Police Station Mahila Thana, District Rampur. 7. In the event of default of any of the conditions by the applicants as referred to above, the protection shall stand vacated without reference to the Bench. 8. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 23.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad