Amit Kumar Jaiswal vs State Of U.P. And Another
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Allahabad High Court

Amit Kumar Jaiswal vs State Of U.P. And Another on 1 May, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:69432
 
Court No. - 73
 

 
Case :- APPLICATION U/S 528 BNSS No. - 10247 of 2025
 

 
Applicant :- Amit Kumar Jaiswal
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Ali Hasan,Asif Hasan
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Heard Sri Ali Hasan, learned counsel for the applicant as well as Sri S.K. Singh, learned AGA for the State.

2. This application u/s 528 of BNSS has been preferred for quashing the criminal proceedings in A/1 0079/12 Case No. 120 of 2021 (Priti Jaiswar Versus Amit Kumar Jaiswar), Under Section 323, 504, 506, 498-A I.P.C. and 3/4 D.P. Act, Police Station- Jafrabad, District- Jaunpur pending in the Court of Learned Additional Civil Judge (J.D.)-IV/Judicial Magistrate, Jaunpur, including the summoning order dated 07.01.2023 passed by Learned Additional Civil Judge (J.D.)-IV/Judicial Magistrate, Jaunpur, summoning to applicant for facing the trial for an offence Under Section 323, 504, 506, 498-A I.P.C. and 3/4 D.P. Act, on the basis of compromise dated 12.07.2023 between the parties.

3. Learned counsel for the applicant has submitted that though a complaint stood lodged by the opposite party no. 2 against the applicant but the parties have entered into compromise and the same stood filed before the court below and the same stands verified by the Court of Additional Civil Judge (S.D.-II)/Additional Chief Judicial Magistrate, Rampur on 12.02.2024 being Case Crime No. 120 of 2021, under Section 323, 504, 506, 498-A I.P.C. and 3/4 D.P. Act, a copy whereof has been annexed as Annexure-9 at page 68 certified copy at page 72 relevant extract whereof has been made in paragraph no. 11. Learned counsel for the applicant submits that, thus, the proceedings be quashed and now nothing remains to be further adjudicated.

4. Learned AGA has no objection to the same.

5. Considering the submissions so made across the bar and in the light of the fact that already compromise stands entered into between the parties and the same also stands verified by the court below and further in view of the judgment in the case 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.

6. Accordingly, the application is allowed.

7. The proceedings of Case No. 120 of 2021 (Priti Jaiswar Versus Amit Kumar Jaiswar), Under Section 323, 504, 506, 498-A I.P.C. and 3/4 D.P. Act, Police Station- Jafrabad, District- Jaunpur pending in the Court of Learned Additional Civil Judge (J.D.)-IV/Judicial Magistrate, Jaunpur, including the summoning order dated 07.01.2023 passed by Learned Additional Civil Judge (J.D.)-IV/Judicial Magistrate, Jaunpur, summoning to applicant for facing the trial for an offence Under Section 323, 504, 506, 498-A I.P.C. and 3/4 D.P. Act, are quashed.

8. It is always open for the opposite party no. 2 to take appropriate proceedings before this Court, in case, the order prejudices her.

Order Date :- 1.5.2025

Rajesh