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2025 DAILYLAW 112041 (ALL)

ASHISH GUPTA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/43423/2024 · 2025-03-19

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41183 Court No. - 75 Case :- APPLICATION U/S 482 No. - 43423 of 2024 Applicant :- Ashish Gupta And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ishwar Chandra Tyagi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ishwar Chandra Tyagi, learned counsel for the applicants, Sri M.K. Srivastava, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 2. This application under Section 482 Cr.P.C. has been filed to quash the entire proceeding of case no. 28179/2023, case crime no. 49/2023, u/s 498A, 323, 406, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Gautam Buddh Nagar, including charge sheet dated 4.10.2023 and summoning order dated 30.10.2023. 3. It is submitted by learned counsel for the parties that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise pm 3.12.2024. It is further submitted that the said 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. 4. 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 said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order. 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 :- 20.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad