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2025 DAILYLAW 198666 (ALL)

ARUN AND 5 OTHERS v. STATE OF U.P. THRU. PRIN. SECY. OF HOME DEPTT. LKO. AND ANOTHER

NA528/1603/2025 · 2025-10-17

Saurabh Lavania

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD LUCKNOW APPLICATION U/S 528 BNSS No. - 1603 of 2025 Court No. - 13 HON'BLE SAURABH LAVANIA, J. Shri Amit Tripathi, learned Advocate has put in appearance by way of filing Vakalatnama on behalf of opposite party no. 2, which is taken on record. Heard learned counsel for the applicants, learned AGA for the State as well as learned counsel for the opposite party No.2 and gone through the record. The present application under Section 528 of BNSS, 2023 has been filed for the following main relief:- "For the facts and circumstances stated in the accompanying affidavit, it is most respectfully prayed that this Hon'ble Court may kindly be pleased to quash the charge- sheet and Summoning order in Crime No.-0011 of 2025, Case No.-7948/25, U/S 85,115(2),352,351(3), B.N.SS, 3/4 Dowry Prohibition Act 1961, registered at P.S. Mahila Thana, District Amethi same is contained as ANNEXURE NO.-1&2, as well as the entire criminal proceedings arising out of Crime No.-0011 of 2025 U/S 85,115(2),352,351(3), B.N.SS, 3/4 Dowry Prohibition Act 1961, registered at P.S. Mahila Thana, District Amethi, pending before the A.C.J.M CN-18Sultanpur, in the interest of justice. During the pendency of present petition, the proceedings of Crime No.-0011 of 2025, Case No. 7948/25, U/S 85,115(2),352,351(3), B.N.S.S, 3/4 Dowry Prohibition Act 1961, registered at P.S. Mahila Thana, District Amethi, pending before the A.C.J.M CN- 18Sultanpur, may be stayed." It is submitted that both the parties have amicably settled their dispute outside the Court and have entered into a compromise and a copy of compromise deed, duly signed by the parties, is annexed as Annexure No.3 to the present application. As Versus Counsel for Applicant(s) : Ashish Kumar Yadav, Saurabh Verma Counsel for Opposite Party(s) : G.A. Arun And 5 Others .....Applicant(s) State Of U.P. Thru. Prin. Secy. Of Home Deptt. Lko. And Another .....Opposite Party(s) such, keeping in view the settlement arrived at between the parties and the law laid down by the Hon'ble Apex Court in this regard, the proceedings impugned are liable to be quashed. Whether the parties have, in fact, compromised the matter or not, can best be ascertained by the Trial Court as such compromise has to be duly verified in presence of the parties concerned before the Court. Considering the aforesaid, this application is disposed of finally in following terms:- (i) The parties to the proceedings, i.e. Case No. 7948/2025, U/S 85,115(2),352,351(3) B.N.S.S, 3/4 Dowry Prohibition Act, 1961, registered at P.S. Mahila Thana, District Amethi, pending before the A.C.J.M. C. No.-18, Sultanpur, shall appear and file the compromise before the concerned Court within four week's from today. (ii) If the parties appear before the concerned Court in terms of above, the concerned Court shall proceed to verify the compromise between the parties to the proceedings and prepare a report to the same effect and the original compromise deed be made part of record. (iii) The concerned Court shall conclude the process of verification of compromise within four week's from the date of production of copy of this order. (iv) The concerned Court shall permit the parties to the proceedings to obtain the certified copy of the report as well as compromise deed. (v) It shall be open to the applicant(s) to approach this Court again for quashing of the proceedings. (vi) Office is directed to provide original compromise to the Counsel for the applicant(s), after retaining its photocopy on record. It is for the purposes for its verification by the concerned court. (vii) For a period of eight weeks, no coercive action shall be taken against the applicant(s) in the aforesaid case. October 17, 2025 ML/- NA528 No. 1603 of 2025 2 (Saurabh Lavania,J.) Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench