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2025 DAILYLAW 20193 (ALL)

AMAN SANI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5563/2025 · 2025-04-01

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:45728 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5563 of 2025 Applicant :- Aman Sani And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Tripathi,Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Rajesh Kumar Srivastava, learned counsel for the applicants, Mohd. Shoeb Khan, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Criminal Case No. 103983/2021, arising out of Case Crime No. 1073/2020, under Sections- 498-A, 323, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Chakeri, District- Kanpur Nagar and charge sheet dated 16.06.2021. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute by application under Section 13-B of Hindu Marriage Act, which has been decided by Principal Judge, Family Court, Kanpur Nagar on 20.08.2022. 4. Per contra, learned AGA has raised a preliminary objection that compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file fresh original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law. 6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 2.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad