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2025 DAILYLAW 21754 (ALL)

SANTOSH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6235/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38224 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6235 of 2025 Applicant :- Santosh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Atul Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Atul Kumar Singh, 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 entire/further proceeding of charge-sheet no. 457/2023 dated 04.11.2023 as well as cognizance and summoning order dated 16.08.2024 in Case No.26138 of 2024 (State Vs. Sumith Sharma and 2 others) arising out of Case Crime No. 311 of 2023, under Sections- 498-A, 323, 504 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Ujhani, District- Budaun, pending in the court of Chief Judicial Magistrate, Budaun. 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. It is further submitted that on the basis of compromise, application u/s 13-B of Hindu Marriage Act has also been filed before the court below. 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 :- 17.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad