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2025 DAILYLAW 9230 (ALL)

HARENDRA BAHADUR SINGH ALIAS VIKASH SINGH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/1989/2025 · 2025-03-19

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40809 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1989 of 2025 Applicant :- Harendra Bahadur Singh Alias Vikash Singh And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Gaurav Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama as well as short counter affidavit filed by Shri Vikas Yadav, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Shri Gaurav Kumar Shukla, learned counsel for the applicants, Sri Vikas Yadav, , learned counsel for the opposite party no.2 and Mohd. Shoeb Khan, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Criminal Case No.402/2024, arising out of Case Crime No.36/2024, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Basti and impugned order dated 14.10.2024. 3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 22.11.2024 is reduced in written compromise and also annexed as Annexure-5 to the affidavit. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact is not disputed by the counsel for the opposite party no.2 but learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 20.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad