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Neutral Citation No. - 2025:AHC:38888 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 42149 of 2024 Applicant :- Eklavya And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dheeraj Kumar Singh Counsel for Opposite Party :- Ashish Kumar Mishra,G.A.,Shobhit Agrawal Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Dheeraj Kumar Singh, learned counsel for the applicants, Shri Shobhit Agrawal, learned counsel for opposite party no.2 and Shri P.P. Tiwari, learned AGA for the State.
2. The instant application has been filed for quashing the entire proceeding of criminal case no.94568/2024 (State v. Eklavya), under Sections 498-A, 323, 504 IPC and Sections 3/4 of Dowry Prohibition Act, including cognizance taking order dated 02.09.2024 and charge-sheet dated 22.12.2023, arising out of Case Crime No.51/2023, Police Station- Mahila Thana, District- Kanpur Nagar, on the basis of compromise.
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 30.09.2024 is reduced in written compromise and also annexed as Annexure No.3 to 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