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2025 DAILYLAW 182014 (ALL)

SHIVAM MISHRA AND 3 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. DEPTT. OF HOME LKO. AND ANOTHER

NA528/1805/2025 · 2025-11-18

Brij Raj Singh

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1805 of 2025 Court No. - 16 HON'BLE BRIJ RAJ SINGH, J. 1. Sri Arun Kumar, Advocate filed Vakalatnama on behalf of opposite party no.2, which is taken on record. 2. Heard learned counsel for the applicants, learned counsel for opposite party no.2 as well as learned A.G.A. for the State and perused the record. 3. The instant application has been filed for quashing the charge-sheet No. 01 of 2025 dated 29.05.2025 submitted in Case Crime No. 0138 of 2025, under Sections 85, 115(2), 351(2), B.N.S. (corresponding Sections 498A, 323, 506, I.P.C.) and Section 3/4, Dowry Prohibition Act, Police Station Kothi, District Barabanki, and quashing the order dated 18.09.2025 passed by the learned Addl. Chief Judicial Magistrate, court No. 17, Barabanki, in Case No. 9756 of 2025, State v. Shivam Mishra and ors., pending in the Court of learned Addl. Chief Judicial Magistrate, Court No. 17, Barabanki (contained as Annexure Nos. 1 and 2 to the instant application. 4. Learned counsel for the applicants submits that both the parties have amicably compromised their dispute. The original compromise which has taken place between the parties is also filed before this Court as Annexure No. 4 to the application. 5. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the trial court concerned as such compromise has to be duly verified in presence of the parties concerned before the Court. 6. Accordingly, this application is disposed of with a direction to the parties to appear before the trial court concerned on 25.11.2025. The trial court concerned is also directed that if any such compromise is filed before it, it shall verify the compromise within 6 weeks thereafter. If the aforesaid compromise is verified, a report to that effect shall be prepared Versus Counsel for Applicant(s) : Ramkripal Yadav, Arun Kumar Counsel for Opposite Party(s) : G.A. Shivam Mishra And 3 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Deptt. Of Home Lko. And Another .....Opposite Party(s) by the court and the compromise will be made part of the record. 7. The court concerned in that scenario will allow the parties to obtain certified copy of the report as well as compromise and it will be open to the applicants to approach this Court again for quashing of the proceedings. 8. For a period of three month, no coercive action shall be taken against the applicants in the aforesaid case. 9. Office is directed to return the original compromise deed to the learned counsel for the applicants, after taking the photocopy of the same. November 18, 2025 A.Nigam NA528 No. 1805 of 2025 2 (Brij Raj Singh,J.) Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench