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Neutral Citation No. - 2025:AHC:40969 Court No. - 75 Case :- APPLICATION U/S 482 No. - 43351 of 2024 Applicant :- Deepak Ruhela Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Dwivedi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary counter affidavit, filed by Sri Devashish Mitra, learned counsel for opposite party No.2, is taken on record.
2. Heard learned counsel for the applicant, learned counsel for opposite party No.2 and Sri Raj Bahadur Verma, learned A.G.A. for the State.
3. The instant application has been filed to quash the entire proceeding of case no. 16386 of 2024, case crime no. 528 of 2023, u/s 498A, 323, 504 IPC, P.S. Katghar, District Moradabad as well as charge sheet dated 26.10.2023 and cognizance order dated 1.6.2024.
4. Learned counsel for both the parties submit 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 6.12.2024 is reduced in written compromise. 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 applicant is directed to file the original deed of compromise before the court below within a period of 15 days from today.
7. In case such a compromise is filed by the applicant, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise.
8. 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 applicant in the aforesaid case.
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 :- 20.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad