Neeraj Sharma and Another v. State of U.P. and Another
Quashing of criminal proceedings on the basis of compromise – Application under Section 528 BNSS
Case brief
What is this about?
Allahabad High Court (Arun Kumar Singh Deshwal, J.) disposed of a Section 528 BNSS application seeking quashing of Case No.678/2013 / Case Crime No. 182/2013 under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act (P.S. Sasani Gate, District Aligarh), including charge sheet dated 19.06.2013 and summoning order dated 01.08.2013. On the applicants' plea that the matrimonial dispute was settled by written compromise dated 03.10.2024, and over the AGA's preliminary objection, the Court directed verification of the compromise by the court below within two months, stayed coercive action for two months or till verification (whichever earlier), and reserved liberty to file a fresh quashing application with the verified compromise. No precedent was cited or relied upon.
What did the court decide?
Application disposed of with directions: (i) court below to verify the compromise dated 03.10.2024 within two months from presentation of a copy of the order, after summoning the parties, and thereafter dispose of the impugned proceedings in accordance with law; (ii) no coercive action against the applicants for two months or till verification of the compromise, whichever is earlier; (iii) liberty to the parties to file a fresh application under Section 528 BNSS with the verified copy of the compromise, if need arises.