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2025 DAILYLAW 20828 (ALL)

AVDHESH KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5877/2025 · 2025-04-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54189 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5877 of 2025 Applicant :- Avdhesh Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Kumar Singh,Km Astha Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amit Kumar Singh, learned counsel for the applicants, Sri Pramod Singh Yadav, learned counsel for opposite party no. 2 and Ms. Ruchi Mishra, learned State Law Officer for the State. 2. The present application has been filed to quash the charge-sheet dated 18.01.2024 and cognizance/summoning order dated 22.05.2024 as well as entire proceeding of Case No. 98 of 2024 arising out of Case Crime No. 120 of 2023 u/s 498-A, 323, 506 IPC and Section 3/4 of Dowry Prohibition Act, Police Station- Chaubiya, District- Etawah pending in the court of learned Additional Civil Judge (Junior Division)-4th/Judicial Magistrate, Etawah. 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 they have settled their dispute amicably and a written compromise has also been entered into between them. 4. Per contra, learned A.G.A. has raised a preliminary objection that aforesaid 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 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. 6. It is further provided that for a period of two and a half 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 :- 10.4.2025 Pratima Digitally signed by :- PRATIMA AGRAHARI High Court of Judicature at Allahabad