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2025 DAILYLAW 17213 (ALL)

VISHAL DHAMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/9022/2025 · 2025-03-19

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:40138 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9022 of 2025 Applicant :- Vishal Dhama And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajay Singh Yadav, learned counsel for the applicants, Sri Manish Kumar, learned counsel for opposite party no.2 (upon appearance filed today) and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No.6352 of 2023, State of U.P. Vs. Vishal Dhama & Others, arising out of Case Crime No.0881 of 2022, under Sections-498-A, 323, 506, 34 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Kavi Nagar, District-Ghaziabad as well as chargesheet dated 19.08.2022, pending in the court of Additional Chief Judicial Magistrate, Court No.5, Ghaziabad, on the basis of compromise dated 02.04.2024. 3. 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 02.04.2024 has also been entered into between them. 4. Though, this fact is not disputed by learned counsel for opposite party no.2 but 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. 5. 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. 6. 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. 7. 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 :- 20.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad