Allahabad High Court
Dhruva Kumar Singh Rathore And 2 Others vs State Of U.P. And Another on 1 July, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD
?Neutral Citation No. - 2025:AHC:101586
Court No. - 75
Case :- APPLICATION U/S 528 BNSS No. - 19173 of 2025
Applicant :- Dhruva Kumar Singh Rathore And 2 Others
Opposite Party :- State of U.P. and Another
Counsel for Applicant :- Suresh Kumar Maurya
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Budhwar,J.
1. Vakalatnama filed by Sri Abhishek Gupta is taken on record.
2. Heard Sri Manish Kumar (AoR A/M 0291/2019) holding brief of Sri Suresh Kumar Maurya, learned counsel for the applicants as well as Sri Sudhir Kumar Chandraul, learned AGA and Sri Abhishek Gupta for the opposite party no. 2.
3. This application u/s 528 of BNSS has been preferred and quash the entire proceeding of Complaint Case No. 1311 of 2022 (Shreya Singh Vs. Dhruva Kumar Singh Rathore and Ors.) under section 498-A, 323, 452, 504, 506 ?.?.?., section 3/4 Dowry of Prohibition Act, Police Station Mahila Thana, District Gautam Budh Nagar pending in the court of Civil Judge (J.D.) / F.T.C.-II, Gautam Budh Nagar and for setting aside the impugned summoning order dated 30.05.2023 passed by Civil Judge (Junior Division) / F.T.C-I, Gautam Budh Nagar passed by Trial Court.
4. The applicant herein had earlier preferred application no. 11399 of 2025 in which on 08.04.2025, the following orders were passed.-
"1. Vakalatnama filed by Sri Abhishek Gupta as well as Joint Affidavit of compromise has been filed today which is taken on record.
2. Heard Sri Suresh Kumar Maurya, learned counsel for the applicants as well as Sri Abhishek Tripathi, learned AGA for the State and Sri Abhishek Gupta for the opposite party No. 2.
3. This application u/s 528 of BNSS has been filed for quashing the proceedings of Complaint Case No. 1311/2022 (Shreya Singh Vs. Dhruva Kumar Singh Rathore and Ors.) under Section 498-A, 323, 452, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.)/F.T.C.-II, Gautam Budh Nagar and summoning order dated 30.05.2023.
4. Learned counsel for the applicants submits that during the pendency of the said proceedings on 19.03.2025, a compromise stood entered into between the parties and the same stood filed before the Court of Civil Judge (J.D.)/F.T.C., Court No. 2, Gautam Buddh Nagar, Annexure 7 at page 92 onwards reference whereof has been made in para 19 of the application. According to the learned counsel for the applicants, the said application stood rejected on 20.03.2025 being not maintainable. Learned counsel for the applicants submits that once the parties have themselves entered into compromise then the court below is required to verify the same and to do the needful.
5. Learned AGA as well as the counsel appearing for opposite party no. 2 submits that parties have themselves compromised on 19.03.2025 and the court below be directed to verify the compromise.
6. Considering submission so made across the bar, the application stands disposed of while setting aside the order dated 20.03.2025 passed by the Court of Civil Judge (J.D.)/F.T.C., Court No. 2, Gautam Buddh Nagar, directing the applicants to appear before the court below on 21.04.2025 along with the self attested copy of the present application, joint affidavit and certified copy of the order. 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 applicants in the Ist week of July, 2025.
7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Complaint Case No. 1311/2022 (Shreya Singh Vs. Dhruva Kumar Singh Rathore and Ors.) under Section 498-A, 323, 452, 504, 506 IPC and Section 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Budh Nagar, pending in the Court of Civil Judge (J.D.)/F.T.C.-II, Gautam Budh Nagar and summoning order dated 30.05.2023. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench."
5. Learned counsel for the applicant has invited attention of the Court towards page 40 being the certified copy of the compromise which have been entered into between the parties and verified on 14.05.2025.
6. Learned counsel for the parties submits that once the parties have themselves compromised, thus, now nothing remains to be further proceeded with.
7. Learned AGA as well as counsel for the opposite party no. 2 does not dispute the fact.
8. 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.
9. Accordingly, the application is allowed.
10. The proceedings of Complaint Case No. 1311 of 2022 (Shreya Singh Vs. Dhruva Kumar Singh Rathore and Ors.) under section 498-A, 323, 452, 504, 506 ?.?.?., section 3/4 Dowry of Prohibition Act, Police Station Mahila Thana, District Gautam Budh Nagar pending in the court of Civil Judge (J.D.) / F.T.C.-II, Gautam Budh Nagar and for setting aside the impugned summoning order dated 30.05.2023 passed by Civil Judge (Junior Division) / F.T.C-I, Gautam Budh Nagar passed by Trial Court be quashed.
Order Date :- 1.7.2025
Rajesh
