HIMANSHU SINGH CHAUHAN AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/42977/2024 · 2025-05-12
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 106957 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 106957 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:77937 Court No. - 75 Case :- APPLICATION U/S 482 No. - 42977 of 2024 Applicant :- Himanshu Singh Chauhan And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ravi Chandra Srivastava Counsel for Opposite Party :- G.A.,Satish Kumar Shukla Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the parties.
2. The present application has been filed to quash the impugned chargesheet dated 17.10.2019, cognizance order dated 25.01.2021 as well as entire proceeding of Case No.950 of 2021 (State Vs. Himanshu Singh Chauhan and others), arising out of Case Crime No.60 of 2018, under Sections 498-A, 323, 504 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Kotwali, District- Fatehpur, on the basis of compromise dated 01.04.2022.
3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 01.04.2022. Copy of the same has been annexed as Annexure No.6 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed.
4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below.
5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.
6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
7. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 13.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad