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2025 DAILYLAW 21793 (ALL)

SONU AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/14224/2023 · 2025-04-06

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:50042 Court No. - 75 Case :- APPLICATION U/S 482 No. - 14224 of 2023 Applicant :- Sonu And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Kumar Gupta Counsel for Opposite Party :- Anil Kumar Gupta,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anuj Kumar Gupta, learned counsel for the applicants, Sri Anil Kumar Gupta, learned counsel for the opposite party no. 2 and Sri Pankaj Srivastava, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Case No. 1228 of 2022 (State Vs. Sonu alias Jitendra & others) u/s 498-A, 323, 504, 506, 313 I.P.C., Section 3/4 of Dowry Prohibition Act, Police Station- Nakhasa, District- Sambhal, and charge-sheet no. 385 of 2022 dated 09.10.2022 arising out of Case Crime No. 396 of 2022 pending in the court of Civil Judge (S.D.)/ACJM, Sambhal situated at Chandausi as well as cognizance/summoning order dated 17.12.2022 passed by Civil Judge (S.D.)/ACJM, Sambhal situated at Chandausi. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 19.12.2022 has also been entered into between them. Copy of the same has been annexed as Annexure No.4 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 19.12.2022 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. 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 :- 7.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad