HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 32416 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Sri K.C. Mishra, learned counsel for the applicants and Sri S.K. Singh learned AGA for the State. 2. This application u/s 528 of BNSS has been preferred to quash the entire criminal proceeding of Complaint case no.369 of 2015 (Shivani @ Shivangi Jaisawal Vs Abhinav Jaisawal and others), under section 498A, 323, 504, 506 of I.P.C. & section 3/4 of D.P. Act police station- Chauk, District- Varanasi, pending before Special Chief Judicial Magistrate, Varanasi by virtue of compromise dated 14.02.2024 duly verified on 30.07.2025. 3. The applicants herein had earlier approached this Court while filing Application u/s 528 No. 23912 of 2025 in which on 17.07.2025, the following order was passed.- "1. Heard Sri K.C. Mishra, learned counsel for the applicants and Sri Pankaj Kumar Rai, learned State Law Officer for the State. 2. This is an application under Section 528 of BNSS filed for quashing the proceeding of complaint case no. 369 of 2015 (Shivani alias Shivangi Jaiswal vs. Abhinav Jaiswal and Ors) U/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Chauk District Varanasi pending in the court of Special Chief Judicial Magistrate, Varanasi. 3. Learned counsel for the applicant submits that during the pendency of the aforesaid proceedings, a compromise has been entered into between the parties and the same has been filed before the court of CJM, Varanasi on 14.02.2024 annexure 3 at page- 40 onwards. Relevant averments has been made in para-25 of the application. Learned counsel for the applicants submits that direction be issued for verification Versus Counsel for Applicant(s) : Anand Shankar Dubey, K.C. Mishra Counsel for Opposite Party(s) : G.A. Abhinav Jaisawal And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) and in the meantime interim protection be accorded. 4. Learned AGA, has no objection to the same. 5. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below by 31.07.2025 along with the self attested copy of the present application, certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants. 6. Till the 31.07.2025, no coercive action shall be taken against the applicants in proceeding of complaint case no. 369 of 2015 (Shivani alias Shivangi Jaiswal vs. Abhinav Jaiswal and Ors) Us 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Chauk District Varanasi pending in the court of Special Chief Judicial Magistrate, Varanasi. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise." 4. Learned counsel for the applicants has invited the attention of the Court towards Annexure-6 at page 63 of the paper book so as to contend that on 30.07.2025, the court below had verified the compromise dated 14.02.2024 which is on record as Annexure-3 at page 39 of the paper book reference whereof has been in para 25 of the application. Learned counsel for the applicants has submitted that the Complaint Case No. 369 of 2015 has been transformed into a new case being Complaint Case No. 3056 of 2015 under Sections 498A, 323, 504, 506 IPC read with Section 3/4 of the DP Act. Learned counsel for the applicants submits that once the compromise stood verified pursuant to the order passed by this Court that now nothing remains to be further proceeded with and the proceedings are liable to be quashed. 5. Learned AGA does not dispute the said fact. 6. Considering the submissions so made across the bar and looking into the fact that the parties have entered into compromise and the same stands verified and in view of 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. 7. Accordingly, the application is allowed. 8. The proceedings of Complaint case no.369 of 2015 (Shivani @ Shivangi NA528 No. 32416 of 2025 2 Jaisawal Vs Abhinav Jaisawal and others), under section 498A, 323, 504, 506 of I.P.C. & section 3/4 of D.P. Act police station- Chauk, District- Varanasi, pending before Special Chief Judicial Magistrate, Varanasi is quashed. 9. Passing of this order would not preclude the opposite party no. 2 to prefer an application if she is aggrieved. September 4, 2025 Rajesh NA528 No. 32416 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- RAJESH KUMAR High Court of Judicature at Allahabad