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2025 DAILYLAW 110302 (ALL)

DHIRENDRA SINGH JAYSARYA v. STATE OF U.P. AND ANOTHER

A482/42338/2024 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39347 Court No. - 75 Case :- APPLICATION U/S 482 No. - 42338 of 2024 Applicant :- Dhirendra Singh Jaysarya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Singh Counsel for Opposite Party :- Arvind Kumar Prajapati,Dinesh Kumar Maurya,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dinesh Kumar Singh, learned counsel for the applicant, Sri Arvind Kumar Prajapati, learned counsel for opposite party no.2 and Sri Pankaj Saxena, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No.2928 of 2021, State Vs. Dhirendra Singh Jaysariya, arising out of case crime no.0005 of 2021, under Sections-498A, 323, 504 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Jalaun, pending in the court of Civil Judge (J.D.)/Judicial Magistrate, Jalaun at Orai on the basis of compromise dated 20.11.2024. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 20.11.2024 has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 19.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad