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2025 DAILYLAW 109602 (ALL)

AMIT KUMAR v. STATE OF U.P. AND ANOTHER

A482/42013/2024 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Court No. - 75 Case :- APPLICATION U/S 482 No. - 42013 of 2024 Applicant :- Amit Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Jaydeep Pandey, holding brief of Mr. Shahrukh, learned counsel for the applicant and Shri P.P. Tiwari, learned AGA for the State. 2. The instant application has been filed for quashing the entire criminal proceedings as well as charge-sheet dated 26.02.2021 including cognizance/summoning order dated 19.07.2022 passed by learned Additional District and Sessions Judge/Special Judge, SC/ST Act, Hapur in Sessions Case No.678 of 2022 (State v. Amit Kumar) arising out of Case Crime no.209 of 2021, under Sections 323, 498-A, 504, 506 of IPC and Sections 3/4 of Dowry Prohibition Act and Sections 3(2)(va) of SC/ST Act, Police Station- Hafizpur, District- Hapur pending in the court of learned Additional District and Sessions Judge/Special Judge, SC/ST Act, Hapur, District- Hapur, in view of compromise dated 04.10.2024. 3. Learned counsel for the applicant 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 04.10.2024 is reduced in written compromise and also annexed as Annexure No.4 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 applicant 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