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Neutral Citation No. - 2025:AHC:43847 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5591 of 2025 Applicant :- Atul Kumar Shukla Opposite Party :- State of U.P. and Another Counsel for Applicant :- Varad Nath Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Harshit Agrawal, Advocate, holding brief of Sri Varad Nath, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State. 2. The present application has been filed to quash the charge-sheet dated 22.03.2023 along with summoning order dated 26.09.2023 by which cognizance has been taken by the court below and the applicant has been summoned for appearance before the competent court as also the entire proceedings arising out of Case Crime No. 27 of 2022 u/s 323, 498-A & 504 I.P.C., Police Station- Pheelkhana, District- Kanpur Nagar, registered as Case No. 91925 of 2023, in view of the settlement dated 23.11.2024 between the applicant and the informant. 3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a settlement letter dated 23.11.2024 has also been entered into between them. Copy of the same has been annexed as Annexure - A to the application. It is further submitted that the aforesaid settlement has already been filed before the court below and a request has been made that on the basis of the settlement
letter, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid settlement letter 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 settlement letter dated 23.11.2024 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid settlement letter, 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 applicant. 7. It is further provided that applicant is 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 settlement letter.
Order Date :- 19.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad