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2025 DAILYLAW 110113 (ALL)

RAHUL SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42060/2024 · 2025-03-17

Arun Kumar Singh Deshwal

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Judgment text

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Court No. - 75 Case :- APPLICATION U/S 482 No. - 42060 of 2024 Applicant :- Rahul Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit along with the Vakalatnama has been filed by Mr. Ajay Kumar Rai which is taken on record. 2. Heard Shri Vijay Pratap Singh, learned counsel for the applicants, Shri Ajay Kumar Rai, learned counsel for the opposite party no.2 and Shri P.P. Tiwari, learned AGA for the State. 3. The instant application has been filed for quashing the charge- sheet dated 13.10.2022, summoning order dated 19.08.2023 as well as the entire proceedings of Criminal Case No.304/9 of 2023 (State v. Rahul and others), arising out of Case Crime No.201 of 2022, under Sections 498-A, 323, 504, 506 IPC and Sections 3/4 of Dowry Prohibition Act, P.S.- Mahila Thana, District- Muzaffar Nagar, pending in the court of learned Civil Judge (Junior Division) FTC-1, Muzaffar Nagar. 4. 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 23.11.2024 is reduced in written compromise and also annexed at page 7 of the short counter affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. 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. 6. 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. 7. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8. Office is directed to return the original deed of compromise annexed at Page-7 of short counter affidavit, to the opposite party no.2, after retaining it's photocopy at the relevant place. 9. 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. 10. 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