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2025 DAILYLAW 88125 (ALL)

SANDEEP KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/30950/2025 · 2025-08-21

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:144451 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30950 of 2025 Applicant :- Sandeep Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Bahadur Shivhare Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Vakalatnama filed by Sri Sandeep Mishra on behalf of O.P. No.2 is taken on record. 2. Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicants as well as Sri Bhuwal Vishwakarma, learned A.G.A. for the State and Sri Sandeep Mishra, learned counsel for the O.P. No.2. 3. This is an application u/s 528 of BNSS preferred by the applicants for quashing the entire criminal proceeding of Complaint Case No. 782 of 2021 including summoning order dated 23-03-2023 passed by learned Civil Judge (J.D.)/FTC (Crime Against Women) Hamirpur, District Hamirpur passed under section 498A, 323, 506 I.P.C. & Section 3/4 D.P. Act. Police Station-Sumerpur, District Hamirpur on the basis of compromise. 4. The applicant herein had approached this Court by filing Application u/s 482 No. 39272 of 2023, Sandeep Kumar and others vs. State of U.P. and another, in which on 01.05.2025 following order was passed:- "1. Heard Sri Vijay Bahadur Shivhare, learned counsel for the applicants, Sri Sandeep Mishra, learned counsel for opposite party no.2 and Ms. Harshita Rani, learned A.G.A. for the State. 2. The present application has been filed to quash the entire criminal proceeding of Complanit Case No. 782/21, u/s 498-A, 323, 506 IPC & 3/4 DP Act, Police Station- Sumerpur, District- Hamirpur including the summoning order dated 23.03.2023 passed by Civil Judge (Junior Divison)/FTC(Offence against women). 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. Now, they have settled their dispute which was also reduced to written compromise dated 03.04.2025. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise." 5. Learned counsel for the applicants has invited attention of this Court towards Annexure-4 at Page-21 of the paper-book being agreement so arrived in between the parties on 03.04.2025, reference whereof has been made in para-11 of the application, which stood verified by the court below on 13.06.2025, page-27 of paper-book. Learned counsel for the applicants submits that once the parties have entered into compromise, then nothing remains to be further proceeded with. 6. Learned A.G.A. as well as learned counsel for O.P. No.2 have no objection to the same. 7. Considering the submissions of the rival parties as well as stand taken by them, in view of the judgment in case of State of Madhya Pradesh Vs. Laxmi Narayan, 2019 (5) SCC 688 this Court does not find any justification to further proceed. 8. Accordingly, the application is allowed. 9. The proceedings of Complaint Case No. 782 of 2021 including summoning order dated 23-03-2023 passed by learned Civil Judge (J.D.)/FTC (Crime Against Women) Hamirpur, District Hamirpur passed under section 498A, 323, 506 I.P.C. & Section 3/4 D.P. Act. Police Station-Sumerpur, District Hamirpur so far as it relate to the applicants stand quashed. Order Date :- 22.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad