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Neutral Citation No. - 2025:AHC:69286 Court No. - 75 Case :- APPLICATION U/S 482 No. - 7740 of 2018 Applicant :- Vishal Kanodia Opposite Party :- State Of U.P. And Anr. Counsel for Applicant :- Amit Kumar Srivastava Counsel for Opposite Party :- G.A.,Sarvesh Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed by learned counsel for the applicant is taken on record.
2. Heard Sri Amit Kumar Srivastava, learned counsel for the applicant, Sri Sarvesh Kumar, learned counsel for opposite party no. 2 and Sri Rajbahadur Yadav, learned AGA for the State.
3. The present application has been filed to quash the impugned charge sheet dated 10.11.2017 along with cognizance order dated 05.12.2017 as well as entire proceedings of Case No.15173 of 2017, State Vs. Vishal Kanodia, arising out case crime no. 584 of 2016, under Sections-498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Izzatnagar, District- Bareilly, pending in the court of Chief Judicial Magistrate, Bareilly.
4. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 12.11.2022 has also been entered into between them.
5. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification.
6. Considering the aforesaid submission, present application is
disposed of with a direction to the applicants 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.
7. 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 applicants.
8. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 1.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad