SHOBHIT MISHRA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3178/2025 · 2025-03-16
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14005 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14005 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40512 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3178 of 2025 Applicant :- Shobhit Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mahendra Tripathi, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned A.G.A. for the State.
2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet no.130/2018 dated 23.11.2018 and cognizance order dated 02.01.2019 as well as entire proceeding of Criminal Case No. 561 of 2019 (State Vs. Shobhit Mishra and others), Case Crime No. 85 of 2018 u/s 498-A, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Agra, pending in the court of learned Civil Judge (Junior Division)/Fast Track Court, Agra.
3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 17.09.2024 has also been entered into between them. Copy of the same has already been annexed as Annexure No.4 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and 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. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below.
5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 17.09.2024 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.
6. For a period of two months, no coercive action shall be taken against the applicants.
7. It is further provided that applicant is at liberty to file fresh application u/s 528 B.N.S.S., if required, 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