Allahabad High Court
Om Prkash And 4 Others vs State Of U.P. And 2 Others on 6 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:132509
Court No. - 75
Case :- APPLICATION U/S 528 BNSS No. - 27265 of 2025
Applicant :- Om Prkash And 4 Others
Opposite Party :- State Of U.P. And 2 Others
Counsel for Applicant :- Pradeep Kumar
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
1. Sri Amilesh Kumar Srivastava, Advocate has filed his Vakalatnama on behalf of opposite party nos.2 & 3 which is taken on record.
2. Heard Sri Pradeep Kumar learned counsel for the applicants, Sri Bhuval Vishakarma learned AGA and Sri Amilesh Kumar Srivastava, learned counsel for the opposite party no.2.
3. This is an application filed under Section 528 of the B.N.S.S. for quashing the entire proceedings including the Summoning order Dated 09.01.2024 passed by Civil Judge (J.D.)/ Judicial Magistrate, Hasanpur, District Amroha in proceeding of Complaint Case No. 242 of 2024 (Old Complaint Case No. 1797 of 2023) (Vasanti Vs. Om Prkash and others) Under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act Police Station -Rahra, District-Amroha on the basis of compromise dated 28.05.2024.
4. The applicant herein had earlier approached this Court while filing Application U/S 482 No.8635 of 2024, Om Prakash and 4 others Vs. State of U.P. and two others in which on 7.5.2025 the following order has been passed:-
"1. Supplementary affidavit filed today is taken on record.
2. Heard Sri Pradeep Kumar, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State and Sri Bablu Kumar Singh, learned counsel for opposite party no.2.
3. This is an application U/s 482 Cr.P.C. filed for quashing the proceeding including summoning order dated 09.01.2024 passed by Civil Judge (J.D.)/J.M., Hasanpur, District Amroha in complaint case no. 1797 of 2023 (Vasanti vs. Om Prakash and Ors) under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Rahra District Amroha.
4. The applicants had preferred the present application wherein on 19.03.2024 the following order was passed:
"1. Heard learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The instant application has been filed to quash the entire proceeding including summoning order dated 9.1.2024 in Complaint Case No. 1797 of 2023 (Vasanti vs. Om Prakash and others), u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Rahra, District Amroha.
3. Contention of learned counsel for the applicants is that applicant No.1 is the husband of opposite party No.3 and this complaint has been filed by opposite party No.2 who is mother of opposite party No.3. It is further submitted that the impugned proceeding was the culmination of marital discord between applicant No.1 and opposite party No.3. In the impugned proceeding the entire family has been implicated by making general allegations.
4. On perusal of statements recorded u/s 200 and 202 Cr.P.C., it appears that there are general allegations against the applicants No.2 to 5. However, there is specific allegation against applicant No.1 who is husband of opposite party No.3, therefore, this Court does not find it a fit case to quash the proceedings against applicant No.1, therefore, application at the instance of applicant No.1 is rejected.
5. However, considering the fact that no specific allegations were made against applicants No. 2 to 5 and they are family members of applicant No.1, in view of the law laid down by the Apex Court in Geeta Mehrotra and another vs. State of U.P. and another, 2012 0 Supreme (SC) 743, prima facie case is made out to entertain this application on behalf of applicants No. 2 to 5.
6. Issue notice to opposite party Nos. 2 & 3.
7. List in the week commencing 6.5.2024.
8. Till the next date of listing, the proceeding of the aforesaid case against applicants No. 2 to 5 shall remain stayed.
9. However, it is made clear that the court below is free to proceed against applicant No.1 on whose behalf this application has been rejected. "
5. Learned counsel for the applicants submits that now the compromise has been entered into between the parties on 28.05.2024 a copy whereof is annexure-S.A-I page 7 of the paper book. Reference whereof has been made in paragraph-6 of the application. Learned counsel for the applicants thus submits that the court below be directed to verify the compromise and till verification be accorded to applicant nos. 2 to 5. Since the application with respect to the applicant no.1 stood rejected by the court below by virtue of the order dated 19.03.2024.
6. Learned AGA as well as the counsel appearing for opposite party no.2, have no objection to the same. According to them the parties have entered into compromise and the same now it needs to be verified by the court below.
7. Considering the submissions so made across the bar, the present application stands disposed of directing the applicant nos. 2 to 5 to appear before the court of Civil Judge (J.D.)/ Judicial Magistrate, Hasanpur, Amroha by 30.05.2025 and file a self attested copy of the present application along with the supplementary affidavit and certified copy of the order along with the original copy of compromise. 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 as alleged to have been filed by the applicant no.2 to 5 within two months.
8. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicant nos. 2 to 5 in the proceeding including summoning order dated 09.01.2024 passed by Civil Judge (J.D.)/J.M., Hasanpur, District Amroha in complaint case no. 1797 of 2023 (Vasanti vs. Om Prakash and Ors) under Section 468A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Rahra District Amroha. The protection accorded to the applicant shall only apply in those contingencies wherein the applicant strict to the timeline and does violate any of the conditions of the order, 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.
9. It is made clear that the order passed today is confined to applicant nos.2 to 5. Since the application of applicant no.1 has been rejected.
10. True copy of the compromise application be returned subject to furnishing of the photocopy."
5. Thereafter the Complaint Case No.1797 of 2023 stood transformed into new case no.242 of 2024 and the compromise dated 28.5.2025 was verified by the court below on the same date a copy whereof is Annexure-6 onwards reference has been made in paragraph 20 of the application. He further submits that once the compromise stands entered into compromise between the parties and verified that there remains nothing to be further proceeded with.
6. Learned AGA and the counsel for the opposite party no.2 have 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 Complaint Case No. 242 of 2024 (Old Complaint Case No. 1797 of 2023) (Vasanti Vs. Om Prkash and others) Under Section 498-A, 323, 504, 506 I.P.C. and Section 3/4 of D.P. Act Police Station -Rahra, District-Amroha on the basis of compromise dated 28.05.2024 be 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.
Order Date :- 6.8.2025
piyush
