HARSH RATHOR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/6484/2025 · 2025-03-16
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 19571 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 19571 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:40079 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6484 of 2025 Applicant :- Harsh Rathor And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Brijesh Kumar Mishra, learned counsel for the applicants and Ms. Ruchi Mishra, learned State Law Officer for the State.
2. The present 528 BNSS application has been filed to quash the entire proceeding of Case No. 25138 of 2024 (State Vs. Harsh Rathor and others) arising out of charge- sheet dated 25.05.2024 submitted in Case Crime No. 55 of 2024 u/s 498-A, 323, 506 I.P.C. and read with Section 3/4 of Dowry Prohibition Act, Police Station- New Agra, District- Agra, is pending in the court of Chief Judicial Magistrate, Agra, on the basis of compromise.
3. 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 03.02.2025. 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.
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 03.02.2025 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 applicants.
7. It is further provided that applicants are 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