Allahabad High Court
Bharat Bhushan And 3 Others vs State Of U.P. And Another on 6 June, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:95827 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 20763 of 2025 Applicant :- Bharat Bhushan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharam Singh,Kumari Poonam Rajpoot,Prem Babu Verma Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Km. Poonam Rajpoot, learned counsel for the applicants as well as Sri S.P. Singh, learned State Law Officer for the State.
2. Sri Ram Anuj Prajapati (AOR No. A/R 0585/16), holding brief of Sri Brijesh Yadav, learned counsel has made a statement at bar that Sri Brijesh Yadav and he has filed his Vakalatnama on behalf of opposite party no.2, yesterday in the registry.
2. This is an application filed U/s 528 BNSS for quashing the impugned summoning/ cognizance order dated 18.01.2025 passed by Learned Civil Judge (J.D.)/ FTC-II/ J.M. Hapur in case no. 07 of 2025 (State vs. Bharat Bhushan and Ors) arising out of case crime no. 44 of 2024, U/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, Hapur.
3. The applicants herein had earlier approached this Court while filing an application U/s 528 BNSS No. 8345 of 2025 (Bharat Bushan and ors vs. State of U.P.) in which this Court on 17.03.2025 proceeded to pass the following order:
"1. Heard Ms Anita, Advocate, holding brief of Sri Prem Babu Verma, learned counsel for the applicants, Sri Brijesh Yadav, learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the impugned summoning order dated 18.1.2025 passed by the learned C.J. (J.D.)/F.T.C. IInd/J.M. Hapur, under Sections-498A, 323, 504 and 506 IPC and Section-3/4 of D.P. Act, Police Station-Mahila Thana, District-Hapur as well as entire proceeding of Case No.07 of 2025, State Vs. Bharat Bhushan and others, arising out of Case Crime No.44 of 2024, Police Station-Mahila Thana, District-Hapur, pending before learned C.J. (J.D.)/F.T.C. IInd/J.M. Hapur.
3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 02.11.2024 has also been entered into between them. Though, copy of the same has been given to Investigating Officer but Investigating Officer instead of considering the same, erroneously filed impugned chargesheet.
4. Per contra, learned AGA has raised a preliminary objection that after filing of the chargesheet, compromise is yet to be verified by the court below, therefore, proceeding cannot be quashed on the basis of compromise entered into during investigation.
5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.
6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants.
7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. "
4. Learned counsel for the applicants has invited attention of the Court towards annexure-8 at page 65 of the paper book, relevant extract at page-68 of the paper book, so as to contend that the compromise stands verified by the court below on 25.03.2025. Prayer is for quashing the said proceeding.
5. Learned AGA as well as learned counsel for opposite party no.2 submits that nothing remains to be proceeded further and the proceedings be quashed.
6. Looking into the facts and circumstances of the case and in view of the law laid down by the Hon'ble Apex Court in the case of Gian Singh v. State of Punjab : (2012) 10 SCC 303 and in the case of State of Madhya Pradesh vs. Laxmi Narayan, this Court exercise its power under Section 482 Cr.P.C. is quashing the present proceedings. Accordingly the present application stands allowed. The proceeding of the impugned summoning/ cognizance order dated 18.01.2025 passed by Learned Civil Judge (J.D.)/ FTC-II/ J.M. Hapur in case no. 07 of 2025 (State vs. Bharat Bhushan and Ors) arising out of case crime no. 44 of 2024, U/s 498A, 323, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, Hapur against the applicants are hereby quashed.
Order Date :- 6.6.2025 /C. MANI (Vikas Budhwar,J.)