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2025 DAILYLAW 17533 (ALL)

SURESH KUMAR AND 4 OTHERS v. STATE OF U.P.

NA528/4288/2025 · 2025-04-01

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45704 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4288 of 2025 Applicant :- Suresh Kumar And 4 Others Opposite Party :- State of U.P. Counsel for Applicant :- Niwas Kumar Gupta,Sanjai Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Niwas Kumar Gupta, learned counsel for the applicants, Shri Rajiv Kumar Sonkar, learned State Law Officer for the State learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Criminal Case No. 603/2023, arising out of Case Crime No. 0346/2021, under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Mauaima, District- Prayagraj and charge sheet dated 17.08.2021 and summoning order dated 29.08.2023. 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 02.07.2021 has also been entered into between them. 4. Per contra, 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 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 :- 2.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad