Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:145972 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 31449 of 2025 Applicant :- Suraj And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Chand Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Prakash Chand Srivastava, learned counsel for the applicants and Sri Moti Lal, learned AGA for the State. 2. This application under Section 528 BNSS has been filed by the applicants to quash the entire criminal proceeding of Complaint Case No. 3350 of 2022 (Smt. Bharti Vs. Suraj & others), u/s 498- A, 323, 406 IPC & 3/4 D.P. Act, Police Station- Teelamod, District Ghaziabad initiated in pursuant to the summoning order dated 04.05.2024 which is pending before the court of Learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No. 02, Ghaziabad. 3. Learned counsel for the applicants submits that during the pendency of the aforesaid proceedings the parties have themselves compromised on 15.5.2025 (Annexure-5 at page 57) and onwards reference whereof has been made in paragraph no. 10A 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 Additional Civil Judge (J.D.)/Judicial Magistrate Court No. 02, Ghaziabad while filing a self-attested copy of the present application along with 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 proceeding of Complaint Case No. 3350 of 2022 (Smt. Bharti Vs. Suraj & others), u/s 498-A, 323, 406 IPC & 3/4 D.P. Act, Police Station- Teelamod, District Ghaziabad initiated in pursuant to the summoning order dated 04.05.2024 which is pending before the court of Learned Additional Civil Judge (J.D.)/Judicial Magistrate Court No. 02, Ghaziabad,
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