HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34184 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Heard Shri Ravi Pandey, learned counsel for the applicants and Sri S.K. Singh, learned AGA as well as Shri Gaurav Singh, counsel for the opposite party No. 2. 2. This application under Section 528 BNSS has been filed by the applicants to quash the impugned summoning order dated 01-09-2023 passed by Additional Chief Judicial Magistrate, Court No. 1, District-Aligarh, wherein the applicants summoned by the Court U/s. 498-A, 323, 504, 506 Indian Penal Code and 3/4 D.P. Act., and may also be pleased to quash the entire proceedings of Complaint Case No. 1480 of 2021 (Dilip Singh Vs. Hoshiyar Brijwasi& others) Under Sections 498-A, 323, 504, 506 Indian Penal Code and 3/4 D.P: Act. 3. The applicants herein had earlier filed an Application U/S 482 No.3019 of 2024 wherein on 12.08.2025 proceeded to pass the following orders: "1. Supplementary affidavit filed today is taken on record. 2. Heard Ravi Pandey, learned counsel for the applicants, Sri S.K. Singh learned State Law Officer for the State and Sri Gaurav Singh, learned counsel for the opposite party no.2. 3. This application under Section 482 Cr.P.C. has been filed by the applicant to set- aside the impugned summoning order dated 01-09-2023 passed by Additional Chief Judicial Magistrate, Court No. 1, District-Aligarh, wherein the applicants summoned by the Court U/s. 498-A, 323, 504, 506 Indian Penal Code and 3/4 D.P. Act and to quash the entire proceedings of Complaint Case No. 1480 of 2021 (Dilip Singh Vs. Versus Counsel for Applicant(s) : Ravi Pandey Counsel for Opposite Party(s) : G.A., Gaurav Singh Hoshiyar Brijwasi And 2 Others .....Applicant(s) State Of U.P. And 2 Others .....Opposite Party(s) Hoshiyar Brijwasi & others) Under Sections 498-A, 323, 504, 506 Indian Penal Code and 4 D.P. Act. Police Station-Akrabad District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court no. 1 District-Aligarh, 4. Learned counsel for the applicants submits that during the pendency of the aforesaid proceedings, the parties have entered into compromise on 29.4.2025 and the same stands filed before the court below, copy whereof (Annexure.1 at page 6) of the supplementary affidavit, reference whereof has been made in paragraph no.2 of the supplementary affidavit. He further submits that till the compromise is verified, no coercive action be taken. 5. Learned AGA as well as counsel appearing for the opposite party no.2 on the other hand submits that they have no objection to the same. 6. 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 Additional Chief Judicial Magistrate, Court no.1 District.Aligarh while filing a self attested copy of the present application, compromise application, supplementary affidavit and certified copy of the order today passed by 22.8.2025 7. On the said motion the court below shall verify the same strictly in accordance with law. 8. Till the compromise application is decided, no coercive action shall be taken against the applicant in Complaint Case No. 1480 of 2021 (Dilip Singh Vs. Hoshiyar Brijwasi & others) Under Sections 498.A, 323, 504, 506 Indian Penal Code and 3/4 D.P. Act. Police Station Akrabad District Aligarh, pending in the Court of Additional Chief Judicial Magistrate, Court no. 1 District.Aligarh 9. 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." 4. Learned counsel for the applicants submits that the compromise have been entered into between the parties which stands verified on 22.08.2025 and a copy of the same Annexure-2 at page 24 of the paper book and onwards reference whereof has been made in paragraph no. 5 of the application. Learned counsel for the applicants submits that now since the compromise stands entered into between the parties verified in the meantime, NA528 No. 34184 of 2025 2 compromise application stood verified. 5. Learned AGA for the State as well as counsel for the opposite party no. 2 could not dispute the fact. 6. Applying the principle of law in the case of Gian Singh v. State of Punjab and another 2012 (10) SCC 303 and State of Madhya Pradesh v. Laxmi Narayan, (2019) 5 SCC 688 and that the compromise stood entered and it is verified, now nothing remains to be further adjudicated. 7. Accordingly, the present application stands allowed, the proceedings of impugned summoning order dated 01-09-2023 passed by Additional Chief Judicial Magistrate, Court No. 1, District-Aligarh, wherein the applicants summoned by the Court U/s. 498-A, 323, 504, 506 Indian Penal Code and 3/4 D.P. Act., and may also be pleased to quash the entire proceedings of Complaint Case No. 1480 of 2021 (Dilip Singh Vs. Hoshiyar Brijwasi& others) Under Sections 498-A, 323, 504, 506 Indian Penal Code and 3/4 D.P: Act stands quashed as against the applicants. 8. Liberty is accorded to the opposite party no. 2 to move appropriate application in case, she is aggrieved. September 25, 2025 A. Prajapati NA528 No. 34184 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad