CHANDER BHAN @ AMIT AND 2 OTHERS v. State of U.P. AND ANOTHER
A482/41048/2024 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 107284 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 107284 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39299 Court No. - 75 Case :- APPLICATION U/S 482 No. - 41048 of 2024 Applicant :- Chander Bhan @ Amit And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vipin Gangwar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Vipin Gangwar, learned counsel for the applicants and Ms. Harshita Rani, learned AGA for the State.
2. The instant application has been filed for quashing the charge- sheet no.802/2022 dated 13.12.2022 and cognizance order dated 08.08.2023 as well as the entire proceedings of Criminal Case No.2679 of 2023 (State v. Chandrabhan @ Amit and others), arising out of Case Crime No.777 of 2022, under Sections 498-A, 323, 504 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station- Baradari, District- Bareilly, pending in the court of learned Additional Chief Judicial Magistrate, Bareilly.
3. Learned counsel for the applicants has submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 20.09.2024 is reduced in written compromise and also annexed as Annexure No.5 of the affidavit. It is further submitted that original deed of compromise has already been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Per contra, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceedings.
5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from today after summoning the parties.
6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises.
8. With the aforesaid direction, the present application is disposed of. Order Date :- 18.3.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad