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Neutral Citation No. - 2025:AHC:40566 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3203 of 2025 Applicant :- Vishal Saxena Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shahrukh, learned counsel for the applicant and Sri Ramesh Kumar, learned A.G.A. for the State.
2. The present application has been filed to quash the charge-sheet dated 31.03.2006 as well as cognizance
order dated 17.05.2006 and entire proceedings of Case No. 3087 of 2006 (State Vs. Vishal Saxena and another) arising out of Case Crime No. 459 of 2006, under Sections- 498-A, 323, 504, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Civil Lines, District- Rampur, pending in the court of Chief Judicial Magistrate, Rampur, District- Rampur.
3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 21.06.2024 has also been entered into between them. Copy of the same has already been annexed as Annexure No.4 to the application. A request has been made that on the basis of the written compromise, impugned proceedings may be quashed.
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, applicant 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 applicant 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. 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 applicant.
7. Office is directed to return the original deed of compromise which has been annexed at page 30 of the affidavit to the learned counsel for the applicant after retaining photocopy of the same.
8. It is further provided that applicant is at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 17.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad