MAHENDRA KASHYAP AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS
NA528/4678/2025 · 2025-03-20
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 18774 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 18774 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42219 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4678 of 2025 Applicant :- Mahendra Kashyap And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Sri Muktinath Dwivedi, Advocate filed Vakalatnama on behalf of opposite party no.2, is taken on record. 2. Heard Sri Anil Kumar Dubey, learned counsel for the applicants, Sri Muktinath Dwivedi, learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 1257 of 2024 State Vs. Mahendra Kashyap and others pertaining to Case Crime No. 301 of 2023 u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Devraniya, District- Bareilly as well as the impugned charge-sheet no.284 of 2023 dated 22.10.2023 along with the cognizance/summoning order dated 22.08.2024 pending in the Court of Judicial Magistrate, Baheri, District Bareilly in terms of compromise dated 20.12.2024 between the parties. 4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated 20.12.2024 Copy of the same has been annexed as Annexure No. 3 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. 5. 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. 6. 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 20.12.2024 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. 7. For a period of two months, no coercive action shall be taken against the applicants. 8.
It is further provided that applicants 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 :- 21.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad