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2025 DAILYLAW 22928 (ALL)

DEEPAK KAUSHIK AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/14458/2023 · 2025-04-07

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:52290 Court No. - 75 Case :- APPLICATION U/S 482 No. - 14458 of 2023 Applicant :- Deepak Kaushik And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vikash Chandra Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Vikash Chandra Tiwari, learned counsel for the applicants and Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Complaint Case No. 8646 of 2022 (Smt. Yogita Sharma Vs. Deepak Kaushik and others) u/s 498-A, 323 I.P.C., Section 3/4 Dowry Prohibition Act, Police Station- Sihanigate, District- Ghaziabad, pending before Additional Civil Judge (Senior Division-01)/ Additional Chief Judicial Magistrate, Ghaziabad. 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 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. 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. 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 :- 8.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad