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2025 DAILYLAW 18515 (ALL)

RAJ KUMAR AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/5119/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37361 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5119 of 2025 Applicant :- Raj Kumar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Arun Kumar Sharma, learned counsel for the applicants, Shri Ramesh Kumar, learned learned A.G.A. for the State and perused the record. 2. The present application has been filed to quash the S.T. No. 731/2023 and Case Crime No. 374/2022, under Sections 498-A, 504, 506, 307, 323, 326 I.P.C. and Section 3/4 D.P. Act, P.S.- Jasrana, District- Firozabad, pending in the court of Additional Civil Judge (POCSO), District- Firozabad. 3. Contention of learned counsel for the applicants is that the dispute between the parties is essentially matrimonial in nature. Impugned proceeding has been initiated on the basis of exaggerated allegations and now both the parties have settled their dispute amicably and decided to live separately. A written compromise dated 13.12.2024 has also been entered between the parties and it is also prayed that on the basis of compromise, impugned proceeding may be quashed. 4. However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and the court below may terminate the impugned proceeding on the basis of verified compromise in accordance with law. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants. 7. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 17.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad