HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36667 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Vakalatnama filed on behalf of O.P. No.2 by Sri Kunwar Abhishek is taken on record. 2. Heard Sri Girish Chandra Maurya, learned counsel for the applicants, Sri Pankaj Srivastava, learned A.G.A. and Sri Kunwar Abhishek for O.P. No.2. 3. This is an application under Section 528 of BNSS preferred by the applicant for quashing the summoning order dated 05.11.2022 passed by the Additional Chief Judicial Magistrate-III, Saharanpur in Complaint Case No. 3708 of 2022 (New Case No. 795 of 2023) (Smt. Neelam Vs. Neetu and others) under Sections 354, 452, 498A, 323, 504, 506 of I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station- Gangoh, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate-IV, Saharanpur. 4. The applicant herein had earlier approached this Court while filing Application u/s 528 of BNSS No. 32307 of 2025, Ashok and 5 others vs. State of U.P. and another, wherein on 28.08.2025, following orders were passed: "1. Vakalatnama filed today by Sri Kunwar Abhishek on behalf of O.P. No.2 is taken on record. 2. Heard Sri Umesh Chandra Prajapati (AoR No.A/U 0172/14) holding brief of Sri Girish Chandra Maurya, learned counsel for the applicants, Sri Bhuwal Vishwakarma, learned A.G.A. for the State and Sri Kunwar Abhishek for the O.P. No.2. 3. This is an application u/s 528 of BNSS preferred by the applicants for quashing the Versus Counsel for Applicant(s) : Girish Chandra Maurya Counsel for Opposite Party(s) : G.A. Ashok And 5 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) summoning order dated 05.11.2022 passed by the Additional Chief Judicial Magistrate-III, Saharanpur in Complaint Case No. 3708 2022 (New Case No. 795 of 2023) (Smt. Neelam Vs. Neetu and others) under Section 354, 452, 498A, 323, 504, 506 of I.P.C. and Section 3/4 of of Dowry Prohibition Act, Police Station- Gangoh, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate-IV, Saharanpur. 4. Learned counsel for the applicant has submitted that during the pendency of the aforesaid proceeding, parties have entered into a compromise on 13.08.2025, and the same stands filed before the court below, which is Annexure-5 at page-42 of the paper-book, reference whereof has been made in paragraph-14 of the application. Submission is that once the compromise has been filed before the court below, then a direction be issued to the court below for verifying the same and till verification is done, protection be accorded. 5. Learned A.G.A. and learned counsel for the O.P. No.2 have no objection to the same. 6. Considering the submissions so made across the Bar, the application stands disposed of directing the applicants (parties) to appear before the court of Additional Chief Judicial Magistrate-IV, Saharanpur along with the self-attested copy of the application under Section 528 of BNSS as well as certified copy of the order by 13.09.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise. 7. Till the verification proceeding is completed, no coercive action shall be taken against the applicants with respect to summoning order dated 05.11.2022 passed by the Additional Chief Judicial Magistrate-III, Saharanpur in Complaint Case No. 3708 2022 (New Case No. 795 of 2023) (Smt. Neelam Vs. Neetu and others) under Section 354, 452, 498A, 323, 504, 506 of I.P.C. and Section 3/4 of of Dowry Prohibition Act, Police Station- Gangoh, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate-IV, Saharanpur. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein. 8. In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again." 5. Learned counsel for the applicants has invited attention of the Court towards Annexure-7 at page-53 of the paper-book, certified copy whereof at page-57, so as to contend that the compromise stood entered into between the parties, and the same stood verified by the court below on 03.09.2025. Learned counsel for the applicants submits that once the verification has been done, then nothing further survives to be further adjudicated. NA528 No. 36667 of 2025 2 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 Gian Singh Vs. State of Punjab, (2012) 10 SCC 303 and 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. 3708 of 2022 (New Case No. 795 of 2023) (Smt. Neelam Vs. Neetu and others) under Sections 354, 452, 498A, 323, 504, 506 of I.P.C. and section 3/4 of Dowry Prohibition Act, Police Station- Gangoh, District Saharanpur, pending in the Court of Additional Chief Judicial Magistrate-IV, Saharanpur, as well as summoning order dated 05.11.2022 so far as it relate to the applicants stand quashed. September 23, 2025 N.S.Rathour NA528 No. 36667 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad