SAGAR ALIAS SAGAR KHATANA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/5274/2025 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
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[ 2025 DAILYLAW 20406 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 20406 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42265 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5274 of 2025 Applicant :- Sagar Alias Sagar Khatana And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Kumar Shukla,Aklesh Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Abhishek Kumar Shukla, learned counsel for the applicants and Sri Raj Bahadur Verma, learned A.G.A. for the State.
2. The present application has been filed to quash the impugned charge-sheet dated 27.08.2019 as well as further proceeding of Case No. 1856 of 2019, State Vs. Sagar Khatana and others, arising out of Case Crime No. 58 of 2019 u/s 498-A, 323 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Gautam Budh Nagar, pending before the court of learned Additional Civil Judge (J.D.)/F.T.C., District- Gautam Budh Nagar, on the basis of compromise deed dated 04.12.2024.
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 04.12.2024. Copy ofthe 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 04.12.2024 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.
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 :- 18.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad