Manoj Kumar and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Manoj Kumar and 4 Others Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: applicants to file original deed of compromise before the court below within 15 days; court below to verify the compromise after summoning the parties within two months of filing and thereafter dispose of the impugned proceeding in accordance with law; no coercive action against the applicants for two and a half months or till verification of the compromise, whichever is earlier; liberty to file a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise.

Issue for consideration

Whether the charge sheet dated 25.9.2023, cognizance order dated 8.4.2024 and the entire proceeding of Case No. 36307 of 2024 (arising out of case crime No. 220 of 2023, u/s 493, 494, 313, 342, 506 IPC) may be quashed on the basis of the written compromise dated 4.1.2025 arrived at between the parties in a matrimonial dispute. +1 more

Court's answer

As interim protection, no coercive action shall be taken against the applicants in the aforesaid case for a period of two and a half months or till verification of the compromise, whichever is earlier.

Ratio / Principle

The applicants are directed to file the original deed of compromise before the court below within 15 days.

Key takeaways

If the compromise is filed, the court below shall verify it after summoning the parties within two months from the date of filing the compromise.ratio¶10
After verification of the compromise, the court below shall dispose of the impugned proceeding in accordance with law.ratio¶10
The parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of the verified copy of the compromise, if need arises.ratio

Detailed headnote1 paragraphs

Application under Section 528 BNSS to quash charge sheet dated 25.9.2023, cognizance order dated 8.4.2024 (corrected on 14.2.2025) and entire proceeding of Case No. 36307 of 2024, arising out of case crime No. 220 of 2023, u/s 493, 494, 313, 342, 506 IPC, P.S. Sachendi, District Kanpur Nagar, on the basis of a written compromise dated 4.1.2025 in a matrimonial dispute. HELD: The Court did not quash the proceedings outright; learned AGA submitted the compromise required verification. Application disposed of with directions that (i) the applicants file the original deed of compromise before the court below within 15 days; (ii) the court below verify the compromise after summoning the parties within two months from filing and, upon verification, dispose of the impugned proceeding in accordance with law; (iii) no coercive action be taken against the applicants for two and a half months or till verification of the compromise, whichever is earlier; and (iv) the parties remain at liberty to file a fresh application under Section 528 BNSS on the basis of the verified copy of the compromise, if need arises.

Neutral Citation No. - 2025:AHC:47289

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 10746 of 2025 Applicant :- Manoj Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Heard Sri Rajesh Kr. Srivastava, learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State.

The instant application has been filed to quash charge sheet dated 25.9.2023, cognizance order dated 8.4.2024 (corrected on 14.2.2025) as well as entire proceeding of Case No. 36307 of 2024 arising out of case crime No. 220 of 2023, u/s 493, 494, 313, 342, 506 IPC, P.S. Sachendi, District Kanpur Nagar.

Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise dated 4.1.2025. It has been requested that the impugned proceedings may be quashed on the basis of compromise.

Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.

In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today.

In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification the court below will dispose of the impugned proceeding in accordance with law.

For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.

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.

With the aforesaid direction, the present application is disposed of .

Order Date :- 4.4.2025 Vandana

Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad