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2025 DAILYLAW 110580 (ALL)

CHANDAN KUMAR SONKAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

A482/42613/2024 · 2025-04-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60335 Court No. - 75 Case :- APPLICATION U/S 482 No. - 42613 of 2024 Applicant :- Chandan Kumar Sonkar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Manoj Kumar Singh, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Criminal Case No. 121994 of 2023 (State Vs. Chandan and others) u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Cantt., District- Varanasi (arising out of Case Crime No. 302 of 2023) pending in the court of Chief Judicial Magistrate, Varanasi and charge-sheet dated 23.08.2023 as well as cognizance/summoning order dated 20.12.2023 taken by the Chief Judicial Magistrate, Varanasi. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a compromise has also been entered into between them. 4. Per contra, learned A.G.A. 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. 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. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 21.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad