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2025 DAILYLAW 22005 (ALL)

ASHU MANOTHIYA v. STATE OF U.P. AND ANOTHER

NA528/10850/2025 · 2025-04-04

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48517 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10850 of 2025 Applicant :- Ashu Manothiya Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manish Kumar Singh,Viveka Nand Maurya Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vyas Kumar Prasad, Advocate, holding brief of Sri Manish Kumar Singh, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The present application has been filed to quash the summoning order dated 05.04.2024 passed in Case No.6073 of 2024, State Vs. Ashu and others, as well as entire proceedings of Case No.6073 of 2024, arising out of case crime no.7 of 2024, under Sections-498A, 323, 504 and 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Meerut, pending in the court of Additional Civil Judge (Junior division), Court No.2, Meerut as well as chargesheet dated 10.02.2024. 3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise dated 06.12.2024. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law. 7. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8. 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. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 5.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad