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2025 DAILYLAW 16095 (ALL)

SANJEEV KASANA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/4840/2025 · 2025-03-04

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:31133 Court No. - 74 Case :- APPLICATION U/S 528 BNSS No. - 4840 of 2025 Applicant :- Sanjeev Kasana And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Amit Kumar,Vinod Kumar Tirpathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Heard Sri Amit Kumar, learned counsel for the applicants as well as Sri A.K. Vishwakarma, learned AGA for the State. 2. In view of the order which is being proposed to be passed notices are not being issued to the opposite parties no. 2 & 3. 3. This application under Section 528 of the B.N.S.S. has been filed by the applicants to quash the Charge Sheet dated 28.1.2024 as well as cognizance order dated 28.3.2024 in Case Crime No.668 of 2023, under Sections 498-A, 323, 342, 504, 427, 325 IPC & 3/4 of the Dowry Prohibition Act, 1961, Police Station- Dadri, District Gautam Budh Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Gautam Budh Nagar. 4. Learned counsel for the applicants has submitted that a first information report stood lodged by the opposite party No. 2 against the applicants being No. 0668 of 2023 on 21.12.2023, under Sections 427, 504, 323, 342, 489A I.P.C. Learned counsel for the applicants has invited attention towards Annexure 3 at page 20 of the paper book reference whereof has been made at para 17 that the parties have entered into compromise on 30.8.2024. Learned counsel for the applicants further submits that direction be issued for verification and in the meantime interim protection be accorded. 5. Learned AGA, on the other hand, submits that once as per the applicants, compromise application has already been preferred then the direction be issued for verification of the same. 6. Considering the said submission, the application stands disposed of directing the applicants to appear before the court below on 20.03.2025 along with the self attested copy of the present application and certified copy of the order. On the receipt of the same, the court below shall make endeavour to put to notice the other party and thereafter verify the compromise application as alleged to have been filed by the applicants by 23.05.2025. 7. Till the verification is done in the compromise application so submitted by the parties, no coercive action shall be taken against the applicants in the proceedings of Case Crime No.668 of 2023, under Sections 498-A, 323, 342, 504, 427, 325 IPC & 3/4 of the Dowry Prohibition Act, 1961, Police Station- Dadri, District Gautam Budh Nagar, pending in the court of learned Additional Chief Judicial Magistrate, Gautam Budh Nagar. The protection accorded to the applicants is only available subject to compliance of the terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench. The parties are free to take legal recourse post outcome of the compromise. Order Date :- 5.3.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad