Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 110162 (ALL)

GAURI SHANKAR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42267/2024 · 2025-03-17

Arun Kumar Singh Deshwal

Original Suitbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Court No. - 75 Case :- APPLICATION U/S 482 No. - 42267 of 2024 Applicant :- Gauri Shankar And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- B.N.Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard Shri B.N. Singh, learned counsel for the applicants and Shri P.P. Tiwari, learned AGA for the State. 3. The instant application has been filed for quashing the entire prosecution case of Case No.246 of 2020 (State of UP v. Gauri Shanar and others), arising out of Case Crime No.231 of 2019, under Sections 498-A, 323, 506 IPC and Sections 3/4 of Dowry Prohibition Act, Police Station- Kotwali Konch, District- Jalaun, pending in the court of learned Judicial Magistrate, Konch, District- Jalaun, on the basis of compromise dated 30.09.2024. 4. 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 30.09.2024 is reduced in written compromise and also annexed as Annexure No.S.A.-1 to the supplementary affidavit dated 17.03.2025. 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. 5. 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. 6. 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. 7. 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. 8. 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. 9. 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