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2025 DAILYLAW 20792 (ALL)

RAHUL SINGH RAGHAV AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5380/2025 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50712 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5380 of 2025 Applicant :- Rahul Singh Raghav And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Singh,Shailendra Singh Counsel for Opposite Party :- G.A.,Rajesh Kumar Nishad Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Abhishek Singh, learned counsel for the applicants, Shri Digvijay Singh holding brief of Shri Rajesh Kumar NIshad, learned counsel for the opposite party no. 2 and Sri Raj Bahadur Verma, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Case No.110339/2021, arising out of Case Crime No. 1123/2019, under Sections 498A, 323, 504, 506, 406 I.P.C. and 3/4 D.P. Act, Police Station Chakeri, District- Kanpur Nagar and charge sheet dated 15.06.2021 and cognizance order dated 20.10.2021. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 26.12.2024 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. It is also submitted that three accused namely Pradeep Singh Raghav, Radhvendra Singh Raghav and Meera Raghav have been residing in Netherland. 4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. The parties-accused, who are not residing in India, may be permitted to appear through video conferencing to verify the aforesaid compromise. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 8.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad