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2025 DAILYLAW 106702 (ALL)

ROHIT KUMAR ALIAS ROHIT (KARAN) v. State of UP AND ANOTHER

A482/38123/2024 · 2025-01-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:6777 Court No. - 77 Case :- APPLICATION U/S 482 No. - 38123 of 2024 Applicant :- Rohit Kumar Alias Rohit (Karan) Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jahangir Haider Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Jahangir Haider, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed for quashing the order dated 15.10.2022 as well as entire proceedings of Complaint Case No.143 of 2022 (Tara Devi Vs. Rohit and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Muradnagar, District Ghaziabad, pending in the court of learned Additional Civil Judge (Junior Division) (1), District Ghaziabad. 3. Contention of learned counsel for the applicant is that the dispute between the applicant and opposite party no.2 is matrimonial in nature and now both the parties have settled their dispute amicably and a written compromise dated 31.05.2024 has also been entered between them. A copy of compromise along with application dated 31.05.2024 has also been filed before the court of A.C.J. (J.D.), Court No.1, Ghaziabad and same has been annexed at page no.48 of the affidavit filed in support of present application. It is further submitted that on the basis of aforesaid compromise, the impugned proceeding may be quashed. 4. Per contra, learned A.G.A. has submitted that this compromise between the parties yet to be verified by the court below, therefore, proceedings cannot be quashed on the basis of aforesaid compromise. 5. Considering the aforesaid submissions, present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties and after verification of the aforesaid compromise, the court below will permit the parties to obtain certified copy of the same. 6. The aforesaid exercise of verification shall be completed within a period of two months from the date of receiving of certified copy of this order and for a period of two months, no coercive action shall be taken against the applicant in the aforesaid case. 7. It is further provided that the parties are at liberty to file a fresh application under Section 482 Cr.P.C. to quash the impugned proceeding on the basis of verified copy of compromise. 8. With the aforesaid direction, the application is disposed of. Order Date :- 15.1.2025 Jitendra Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad