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2025 DAILYLAW 15275 (ALL)

BRAJESH KUMAR ALIAS BRIJESH ALIAS ALU ALIAS ALU SWARNKAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3909/2025 · 2025-02-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23248 Court No. - 77 Case :- APPLICATION U/S 482 No. - 3909 of 2025 Applicant :- Brajesh Kumar Alias Brijesh Alias Alu Alias Alu Swarnkar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tarun Jha Counsel for Opposite Party :- Arvind Srivastava Iii,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Tarun Jha, learned counsel for the applicants, Shri Prateek Kumar, Advocate holding brief of Shri Arvind Srivastava III, learned counsel for the opposite party no. 2 and Shri Ramesh Kumar, learned learned A.G.A. for the State and perused the record. 2. The present application has been filed to quash the entire proceedings of Complaint Case No. 1633 of 2019 (Rupali @ Roshani Vs. Brijesh @ Alu and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S.- Karhal, District- Mainpuri, pending in the court of learned C.J.M., Mainpuri on the basis of compromise. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 21.01.2025 and a copy of the same has already been filed before the court of Chief Judicial Magistrate, Mainpuri and photocopy of the same has been annexed as Annexure No. 4 to this application and it is also prayed that on the basis of compromise, impugned proceeding may be quashed 4. However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and the court below may terminate the impugned proceedings on the basis of verified compromise in accordance with law. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants. 7. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 18.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad