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2025 DAILYLAW 17354 (ALL)

SAURABH SHARMA v. STATE OF U.P. AND ANOTHER

NA528/5186/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37758 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5186 of 2025 Applicant :- Saurabh Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kalim Uddin Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Kalim Uddin, learned counsel for the applicant, Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Criminal Case No. 2414905 of 2019, State Vs. Saurabh Sharma and others pertaining to Case Crime No. 628 of 2018 u/s 498-A, 323, 427 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Malpura, District- Agra as well as the impugned charge-sheet no.01 dated 17.12.2018 along with the cognizance order dated 18.03.2019 passed by Additional Chief Judicial Magistrate, Court No.1, Agra in terms of compromise dated 10.05.2024 between the parties. 3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated 10.05.2024. Copy of the same has been annexed as Annexure No.5 to the application. 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 10.05.2024 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. For a period of two months, no coercive action shall be taken against the applicant. 7. It is further provided that applicant is 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 :- 17.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad