SACHIN VERMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/44074/2024 · 2025-04-29
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 112845 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 112845 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:68075 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44074 of 2024 Applicant :- Sachin Verma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Pathak Counsel for Opposite Party :- G.A.,Krishna Mohan Singh Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajesh Pathak, learned counsel for the applicants, Sri Krishna Mohan Singh, learned counsel for the opposite party no.2 and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The instant application has been filed for quashing the police report dated 08.01.2023 as well as cognizance order dated 23.02.2023 and stay the entire proceeding of Case No.1899 of 2023, arising out of Case Crime No.754 of 2022, under Sections 498A, 323, 504, 506, 325, 308 I.P.C. and 3/4 D.P. Act, Police Station Modi Nagar, District Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Ghaziabad. 3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly 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 09.05.2024 is reduced in written compromise and also annexed at page 61 of the affidavit. He further submitted that aforesaid 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. Though this fact has not been disputed by learned AGA but he 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 and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 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 :- 30.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad