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2025 DAILYLAW 16566 (ALL)

DHARMESH AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5408/2025 · 2025-04-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60739 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5408 of 2025 Applicant :- Dharmesh And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anand Prakash Dubey, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding including charge sheet dated 09.11.2022 and learned court below has taken cognizance on 28.09.2024 in Case Crime No. 47 of 2022 (State Vs. Dharmesh Kumar and others) u/s 498-A, 323, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Bhawanpur, District- Meerut, pending before Judicial Magistrate/Additional Civil Judge (J.D.), Court No.5, Meerut on the basis of compromise between both parties on 20.04.2022. 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 20.04.2022 has also been entered into between them. 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 20.04.2022 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 21.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad