Prabhat Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

Prabhat Vs State of U.P. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Application disposed of with directions: (i) applicants to file the original deed of compromise before the court below within 15 days; (ii) court below to verify the compromise after summoning the parties within two months of receiving its copy; (iii) after verification, court below to dispose of the impugned proceeding in accordance with law; (iv) no coercive action against the applicants for two and a half months or till verification of the compromise, whichever is earlier; (v) liberty to file a fresh application u/s 528 B.N.S.S. on the basis of the verified compromise.

Issue for consideration

Whether the charge-sheet dated 11.06.2020, cognizance order dated 27.07.2020 and ensuing proceeding in Case Crime No. 18 of 2020 (Sections 498-A, 323, 504, 506 IPC) should be quashed on the basis of the compromise dated 10.10.2024 between the parties, given that the compromise is yet to be verified by the court below.

Court's answer

The present application is disposed of with a direction to the applicants to file the original deed of compromise before the court below within 15 days; in case such compromise is filed, 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 the compromise.

Ratio / Principle

After verification of the compromise, the court below will dispose of the impugned proceeding in accordance with law.

Key takeaways

Interim protection: for a period of two and a half months or till the verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicants.ratio¶14
The applicants are at liberty to file a fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of the verified compromise.ratio¶15

Detailed headnote1 paragraphs

Allahabad High Court (Arun Kumar Singh Deshwal, J.), Order dated 8.5.2025, Neutral Citation 2025:AHC:75065 — Application U/S 528 BNSS No. 16112 of 2025 filed by Prabhat seeking quashing of the charge-sheet dated 11.06.2020 and cognizance order dated 27.07.2020 passed by the Chief Judicial Magistrate, Jhansi, and the entire proceeding of Case No. 6392 of 2020 (State Vs. Prabhat Kumar and others) arising out of Case Crime No. 18 of 2020 u/s 498-A, 323, 504, 506 I.P.C., Police Station Kotwali, District Jhansi, on the basis of a compromise dated 10.10.2024 settling the matrimonial dispute. On the learned A.G.A.'s preliminary objection that the compromise was yet to be verified by the court below, the Court disposed of the application, directing the applicants to file the original deed of compromise before the court below within 15 days, verification after summoning the parties within two months, and disposal of the impugned proceeding thereafter in accordance with law; no coercive action for two and a half months or till verification, whichever is earlier; liberty reserved to file a fresh application u/s 528 B.N.S.S. on the basis of the verified compromise.

Neutral Citation No. - 2025:AHC:75065

Court No. - 75

Case :- APPLICATION U/S 528 BNSS No. - 16112 of 2025

Applicant :- Prabhat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A.

Hon'ble Arun Kumar Singh Deshwal,J.

Vakalatnama filed by Sri Roopesh Srivastava on behalf of opposite party no. 2 is taken on record.

Heard Sri Babul Kumar Sharma, learned counsel for the applicant, Sri Roopesh Srivastava, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State.

The present application has been filed to quash the charge-sheet dated 11.06.2020 and cognizance order dated 27.07.2020 passed by Chief Judicial Magistrate, Jhansi and entire proceeding of Case No. 6392 of 2020 (State Vs. Prabhat Kumar and others) arising out of Case Crime No. 18 of 2020 u/s 498-A, 323, 504, 506 I.P.C., Police StationKotwali, District- Jhansi, pending before learned Chief Judicial Magistrate, Jhansi, on the basis of compromise held between the parties.

Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a compromise dated 10.10.2024 has also been entered into between them.

Per contra, learned A.G.A. has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for

verification.

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.

After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.

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.

It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise.

Order Date :- 8.5.2025 KS

Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad