GUDDU KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/36823/2025 · 2025-09-22
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99799 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99799 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 36823 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Heard Sri Virendra Pratap Pal, learned counsel for the applicants and Sri K.K. Vishwakarma, learned AGA for the State. 2. This is an application filed under Section 528 of the B.N.S.S. for quashing the summoning order dated 18-01-2016 as well as the entire proceeding of impugned complaint case No. 2258 of 2014 (Smt. Laxmi Vs Guddu and others) U/s. 498A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ethmaadpur, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra. 3. The applicant herein had earlier filed an Application U/S BNSS No.18338 of 2025, Guddu Kumar & another Vs. State of U.P. & another in which on 22.5.2025 the following order has been passed:-
1. Heard Sri Virendra Pratap Pal learned counsel for the applicants as well as Sri Motilal, learned AGA for the State. 2. Learned counsel for the applicants has submitted that during the pendency of the present proceedings an order came to be passed on 05.11.2024 in matrimonial case no. 208 of 2024 whereby there had been a mutual divorce under Section 13(b) of the Hindu Marriage Act and further while inviting attention towards Annexure-5 at page 30 onwards, it is contended that on 08.01.2024, the parties have entered into compromise out of Court. Learned counsel for the applicants submits that direction be issued for verification and in the meantime interim protection be accorded. 3. Learned AGA, on the other hand, submits that once compromise application has been preferred, then the direction be issued for verification of the same. 4. Considering the said submission, the application stands disposed of directing the applicants (parties) to submit a self attested copy of the present application, certified Versus Counsel for Applicant(s) : Virendra Pratap Pal Counsel for Opposite Party(s) : G.A. Guddu Kumar And Another .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
copy of the order and original copy of the compromise application before the Court of Additional Chief Judicial Magistrate, Agra by 31.05.2025. 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 within a period of two months. 5.
Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of summoning order dated 18-01-2016 as well as the further proceedings of the complaint case No. 2258 of 2014 (Smt. Laxmi Vs Guddu and others) U/s 498A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ethmaadpur, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra. 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 attention to the Court towards (Annexure-5 at page 28) and onwards relevant extract at page 35 of the paper book on 6.6.2025 the parties have entered into compromise which has been verified. 5. Learned counsel for the applicants submits that nothing remains to be further proceeded since the parties have been compromised and verification has been done. 6. Learned AGA has no objection to the same. 7. 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. 8. Accordingly, the application is allowed. 9. The proceedings of the complaint case No. 2258 of 2014 (Smt. Laxmi Vs Guddu and others) U/s. 498A, 323, 504 and 506 I.P.C. and 3/4 Dowry Prohibition Act, Police Station Ethmaadpur, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No. 4, Agra be NA528 No. 36823 of 2025 2
quashed. 10. Passing of the present order may not preclude the opposite party no.2 to file an appropriate application in case she is aggrieved.
September 23, 2025 piyush NA528 No. 36823 of 2025 3 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad