Others v. State of U.P. and Another) which was disposed of vide order dated

1. Heard Sri Shaili Ganguly, learned counsel for the applicants and Sri Vinay Prakash Sahu, learned A.G.A. for the State.

2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet dated 19.12.2014 arising out of Case Crime No. 113 of 2014 (State vs. Nand Kishore and Others) under Sections 498- A, 323, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Mahila Thana, District- Meerut.

3. Learned counsel of the applicants submits that applicants have already approached this Court by filing Application under Section 482 Cr.P.C. No. 43791 of 2024 (Kishan Lal and 6 Others vs. State of U.P. and Another) which was disposed of vide order dated 17.03.2025 with following observations: "1. Heard Ms. Shaili Ganguly, learned counsel for the applicants, Ms. Vijeta Kushwaha, learned counsel for the opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record.

2. The present application has been filed to quash the summoning order dated 05.04.2023 in Case No. 3142 of 2020 in Case Crime No. 113/2014, under Sections 498-A, 323, 504, 2 NA528 No. 41595 of 2025 506 IPC and 3/4 D.P. Act, P.S.- Mahila Thana, District- Meerut.

3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably and written compromise dated 01.06.2017 has been entered between the parties. On the basis of this compromise, husband of the opposite party no. 2 Nand Kishor has been acquitted by order dated 20.09.2017, copy of the same has also been annexed as Annexure-9 to the affidavit. As the proceeding against the applicants was stayed by this court in Application U/S 482 No. 17842/2015, therefore, trial against the applicants could not be commenced. As the aforesaid application had been dismissed on 21.08.2017, thereafter proceeding of trial had commenced against the present applicants. It is further prayed that on the basis of compromise, impugned proceeding may be quashed.

4. This fact has not been disputed by the counsel for opposite party no. 2. However, learned A.G.A. has raised objection that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise.

5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and the court below may terminate the impugned proceeding on the basis of verified compromise in accordance with law.

6. It is made clear that if compromise is not on record then certified copy of the same may be obtained from the record of the trial of Nand Kishor husband of opposite party no. 2 in Criminal Case No. 4005132 of 2015. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants. 3 NA528 No. 41595 of 2025

7. However, the applicants are granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. "

4. In terms of the aforesaid directions issued by the Coordinate Bench of this Court, the parties have appeared before the trial court concerned on

12.06.2025 and in presence of the parties, the trial court has verified the compromise executed between the parties with liberty to the parties to approach this Court for quashing of the entire proceedings in the instant case on the basis of the compromise. Learned counsel for the applicants submits that since it was a matrimonial dispute between the opposite party no.2 and her husband, the husband has been acquitted vide order dated

20.09.2017 by the trial court, the applicants herein are the father-in-law, mother-in-law, Jeth, Jethani, Nand and other relative of the opposite party no.2. Since, the petition has already been disposed of in terms of the compromise between the parties and in the instant case also parties have settled their disputes, which has been duly verified by the trial court on

12.06.2025, thus, learned counsel for applicants seeks quashing of the entire proceedings of the instant case against the applicants as well.

5. Having regard to the totality of the facts and circumstances of the case, learned A.G.A. for the State do not oppose the prayer for quashing of the instant proceedings of the instant case against the applicants herein.

6. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record as has already been noted above, there was a matrimonial dispute between the opposite party no.2 and her husband, which has been amicably settled and in terms of the settlement the husband was already acquitted. However, the instant is kept pending against the applicants due to the interim order granted in Application under Section 482 Cr.P.C. No. 17842 of 2015. Subsequently, a fresh compromise has been executed in the instant case as well, which has been duly verified by the trial court vide order dated 12.06.2025. In terms of the aforesaid verification of compromise, nothing survives in the matter and no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants herein and due to the aforesaid compromise there are very 4 NA528 No. 41595 of 2025 remote and bleak chances of the conviction of the applicants. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the families of the parties but in society at large.

7. Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in charge-sheet dated 19.12.2014 arising out of Case Crime No. 113 of 2014 under Sections 498-A, 323, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Mahila Thana, District- Meerut, are hereby quashed. October 29, 2025 Shubham Arya (Anish Kumar Gupta,J.)

1. Heard Sri Shaili Ganguly, learned counsel for the applicants and Sri Vinay Prakash Sahu, learned A.G.A. for the State.

2. The instant application under Section 528 BNSS has been filed seeking quashing of the charge-sheet dated 19.12.2014 arising out of Case Crime No. 113 of 2014 (State vs. Nand Kishore and Others) under Sections 498- A, 323, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Mahila Thana, District- Meerut.

3. Learned counsel of the applicants submits that applicants have already approached this Court by filing Application under Section 482 Cr.P.C. No. 43791 of 2024 (Kishan Lal and 6 Others vs. State of U.P. and Another) which was disposed of vide order dated 17.03.2025 with following observations: "1. Heard Ms. Shaili Ganguly, learned counsel for the applicants, Ms. Vijeta Kushwaha, learned counsel for the opposite party no. 2 and Shri Pankaj Srivastava, learned learned A.G.A. for the State and perused the record.

2. The present application has been filed to quash the summoning order dated 05.04.2023 in Case No. 3142 of 2020 in Case Crime No. 113/2014, under Sections 498-A, 323, 504, 2 NA528 No. 41595 of 2025 506 IPC and 3/4 D.P. Act, P.S.- Mahila Thana, District- Meerut.

3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably and written compromise dated 01.06.2017 has been entered between the parties. On the basis of this compromise, husband of the opposite party no. 2 Nand Kishor has been acquitted by order dated 20.09.2017, copy of the same has also been annexed as Annexure-9 to the affidavit. As the proceeding against the applicants was stayed by this court in Application U/S 482 No. 17842/2015, therefore, trial against the applicants could not be commenced. As the aforesaid application had been dismissed on 21.08.2017, thereafter proceeding of trial had commenced against the present applicants. It is further prayed that on the basis of compromise, impugned proceeding may be quashed.

4. This fact has not been disputed by the counsel for opposite party no. 2. However, learned A.G.A. has raised objection that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise.

5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and the court below may terminate the impugned proceeding on the basis of verified compromise in accordance with law.

6. It is made clear that if compromise is not on record then certified copy of the same may be obtained from the record of the trial of Nand Kishor husband of opposite party no. 2 in Criminal Case No. 4005132 of 2015. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants. 3 NA528 No. 41595 of 2025

7. However, the applicants are granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. "

4. In terms of the aforesaid directions issued by the Coordinate Bench of this Court, the parties have appeared before the trial court concerned on

12.06.2025 and in presence of the parties, the trial court has verified the compromise executed between the parties with liberty to the parties to approach this Court for quashing of the entire proceedings in the instant case on the basis of the compromise. Learned counsel for the applicants submits that since it was a matrimonial dispute between the opposite party no.2 and her husband, the husband has been acquitted vide order dated

20.09.2017 by the trial court, the applicants herein are the father-in-law, mother-in-law, Jeth, Jethani, Nand and other relative of the opposite party no.2. Since, the petition has already been disposed of in terms of the compromise between the parties and in the instant case also parties have settled their disputes, which has been duly verified by the trial court on

12.06.2025, thus, learned counsel for applicants seeks quashing of the entire proceedings of the instant case against the applicants as well.

5. Having regard to the totality of the facts and circumstances of the case, learned A.G.A. for the State do not oppose the prayer for quashing of the instant proceedings of the instant case against the applicants herein.

6. Having heard the submissions so made by learned counsel for the parties, this Court has carefully gone through the record of the case. From the record as has already been noted above, there was a matrimonial dispute between the opposite party no.2 and her husband, which has been amicably settled and in terms of the settlement the husband was already acquitted. However, the instant is kept pending against the applicants due to the interim order granted in Application under Section 482 Cr.P.C. No. 17842 of 2015. Subsequently, a fresh compromise has been executed in the instant case as well, which has been duly verified by the trial court vide order dated 12.06.2025. In terms of the aforesaid verification of compromise, nothing survives in the matter and no fruitful purpose will be served by keeping the criminal proceedings pending against the applicants herein and due to the aforesaid compromise there are very 4 NA528 No. 41595 of 2025 remote and bleak chances of the conviction of the applicants. Further, with the aforesaid settlement of matrimonial dispute, peace will prevail not only in the families of the parties but in society at large.

7. Thus, in the light of the judgments of the Apex Court in Gian Singh vs. State of Punjab and Another : (2012) 10 SCC 303; Prabatbhai Aahir Alias Prabatbhai Bhimsinghbhai Karmur and others vs. State of Gujarat and Another : (2017) 9 SCC 641; Narinder Singh & Ors. vs. State of Punjab : (2014) 6 SCC 466 and B.S.Joshi and Other vs. State of Haryana and Another : (2003) 4 SCC 67, the instant application is allowed and the entire proceedings in charge-sheet dated 19.12.2014 arising out of Case Crime No. 113 of 2014 under Sections 498-A, 323, 504, 506 I.P.C. and under Section 3/4 of the D.P. Act, Police Station- Mahila Thana, District- Meerut, are hereby quashed. October 29, 2025 Shubham Arya (Anish Kumar Gupta,J.)