SURYA PRATAP SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/43053/2024 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 110090 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 110090 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 75 Case :- APPLICATION U/S 482 No. - 43053 of 2024 Applicant :- Surya Pratap Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Kant Tiwari Counsel for Opposite Party :- G.A.,Mritunjay Verma Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Amit Kumar, holding brief of Mr. Vishnu Kant Tiwari, learned counsel for the applicants, Shri Mrityunjay Verma,
learned counsel for the opposite party no.2 and Ms. Harshita Rani, learned AGA for the State.
2. The instant application has been filed for quashing the charge- sheet dated 02.07.2015, Cognizance order dated 31.10.2015 as well as the entire proceedings of Case No.2892 of 2015 (State v. Govind Singh and others), arising out of Case Crime No.01 of 2015, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, P.S.- Mahila Thana, Orai, District- Jalaun, pending in the court of learned Chief Judicial Magistrate, Jalaun at Orai, in view of the compromise dated 30.10.2024.
3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly 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 30.10.2024 is reduced in written compromise and also annexed as Annexure No.4 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Though this fact is not disputed by the counsel for the opposite party no.2 but 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 proceeding.
5. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below shall verify the same within a further period of two months after summoning the parties.
6. For a period of two and a half months or till verification of
aforesaid 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