MANISH VISHWAKARMA AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/3969/2025 · 2025-03-20
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 15983 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 15983 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42229 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 3969 of 2025 Applicant :- Manish Vishwakarma And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jagadish Prasad Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Sri Pradeep Kumar Tiwari, Advocate filed Vakalatnama along with short counter affidavit, is taken on record.
2. Heard Sri Jagadish Prasad Yadav, learned counsel for the applicants and Sri Pradeep Kumar Tiwari, learned A.G.A. for the State.
3. The present application has been filed to quash the charge-sheet dated 25.3.2023 in Case No. 2297 of 2023 "State Vs. Manish Vishwakarma and others" arising out of Case Crime No. 295 of 2022, under Sections- 498-A, 323, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station- Kandharpur, District- Azamgarh, pending before the court of learned Judicial Magistrate/F.T.C. (Women), Azamgarh in the terms of compromise dated 9.1.2025..
4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 9.1.2025 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.
5. Per contra, learned A.G.A. 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 :- 21.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad