SANDEEP YADAV ALIAS SANDEEP KUMAR AND 9 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/2640/2025 · 2025-04-29
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 10235 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 10235 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:67434 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 2640 of 2025 Applicant :- Sandeep Yadav Alias Sandeep Kumar And 9 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Krishna Kant Shukla, learned counsel for the applicants, Sri Rajendra Kumar Yadav, Advocate, holding brief of Sri Aditya Singh, learned counsel for opposite party no.2 and Sri Pankaj Saxena, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No.288 of 2022, under Sections-498A, 323, 504 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Gulriha, District-Gorakhpur, and cognizance order dated 20.07.2023 passed by Additional Chief Judicial Magistrate, 2nd Gorakhpur. 3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a compromise has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that compromise is yet to be verified by the court below, therefore, applicants may be directed to file compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a
period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. 9. It is made clear that in case opposite party no.2 failed to cooperate in filing the compromise application before the court below then applicants will be at liberty to file fresh application u/s 528 BNSS.
Order Date :- 30.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad