Mohd. Javed Ansari and 2 Others v. State of U.P. and Another

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37954 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.

¶1Heard Sri Sri Qaisar Kamal Ansari, learned counsel for the applicants and Sri Abhishek Tripathi, learned A.G.A. for the State.

¶2In view of the order, which is being proposed to be passed today, notices are not being issued to O.P. No.2.

¶3This is an application u/s 528 of BNSS preferred by the applicants for quashing the Non Bailable Warrant dated 06.02.2025 as well as summoning order dated 19.10.2023 passed by Additional Civil Judge (J.D)/Judicial Magistrate, Court No. 6, Ghazipur in Complaint Case No. 14608 of 2023 (Reshma Parveen vs. Mohd. Javed Ansari and others) under Section 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Shadiabad, District Ghazipur as well as entire proceeding thereof, on the basis of compromise dated 25.07.2025.

¶4Learned counsel for the applicant has submitted that during the pendency of the said proceedings, parties have entered into compromise out of the court, which is dated 25.07.2025, Annexure-7 at page-50 of the paper-book, reference whereof has been made in paragraph-13 of the application. Submission is that the direction be issued to the court below for verifying the same and till verification is done, protection be accorded.

¶5Learned A.G.A. submits that as per the certified copy so annexed herewith, it appears that a compromise has been entered between the parties and thus, a direction be issued to the court below for verifying the same. Versus Counsel for Applicant(s) : Mohd Khalid Ansari, Qaisar Kamal Ansari Counsel for Opposite Party(s) : G.A. Mohd. Javed Ansari And 2 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)

¶6Considering the submissions so made across the Bar, the application stands disposed of requiring the applicants (parties) to appear before the court of Additional Civil Judge (J.D)/Judicial Magistrate, Court No. 6, Ghazipur along with the self-attested copy of the application under Section 528 of BNSS, certified copy of the order and original copy of the compromise by 17.10.2025, and on the said motion, the court below shall proceed to verify the compromise with most expedition. A date be fixed by the court below, on which date, parties may be directed to appear for verifying the compromise.

¶7Till the verification proceeding is completed, no coercive action shall be taken against the applicants with respect to Non Bailable Warrant dated

06.02.2025 as well as summoning order dated 19.10.2023 passed by Additional Civil Judge (J.D)/Judicial Magistrate, Court No. 6, Ghazipur in Complaint Case No. 14608 of 2023 (Reshma Parveen vs. Mohd. Javed Ansari and others) under Section 498A, 323, 504, 506 IPC and 3/4 D.P. Act, Police Station Shadiabad, District Ghazipur as well as with respect to the proceeding thereof. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein.

¶8In case of default, protection accorded to the applicants shall stand vacated without further reference to the Court. Post outcome of the compromise, the applicants will be free to approach this Court again. September 26, 2025 N.S.Rathour NA528 No. 37954 of 2025 (Vikas Budhwar,J.) High Court of Judicature at Allahabad