Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:39386 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 43210 of 2024 Applicant :- Vinit Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Utkarsh Birla Counsel for Opposite Party :- Anuradha Kesharwani,G.A.,Prakarsh Saxena,Saurabh Kesarwani Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Utkarsh Birla, learned counsel for the applicants, Sri Saurabh Kesarwani, learned counsel for opposite party no.2 and Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Case No.6970 of 2020, State of U.P. Vs. Vinit Sharma, pending in the court of CJ (JD), FTC-II, Gautam Buddha Nagar, arising out of Case Crime No.135 of 2019, as well as cognizance order dated 15.12.2020 including the
order dated 22.10.2024 as well as charge sheet dated 29.08.2020 in Case Crime No.135 of 2019, under Sections- 498A, 323, 504 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mahila thana, District-Gautam Buddha Nagar.
3. 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 19.06.2024 is reduced in written compromise and also annexed at page 66 of the affidavit. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned
proceedings may be quashed on the basis of aforesaid compromise.
4. Though, this fact is not disputed by learned counsel for 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.
5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order 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 :- 19.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad