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2025 DAILYLAW 23676 (ALL)

SUNIL KUMAR ALIAS SONU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6595/2025 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38859 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6595 of 2025 Applicant :- Sunil Kumar Alias Sonu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satish Kumar Tyagi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Satish Kumar Tyagi, learned counsel for the applicants and Ms Harshita Rani, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No.5426 of 2019, State Vs. Sunil @ Sonu & Others, under Sections-498-A, 323, 504, 506 IPC (Presently 85, 115(2), 352, 351 BNS) & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District- Ghaziabad, pending in the court of Civil Judge (Jr. Division)/FTC-1/Judicial Magistrate, Ghaziabad. 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 now they have settled their dispute amicably and a written compromise dated 20.12.2024 has also been entered into between them. It is further submitted that the original deed of compromise has also been filed before the court below. 4. Per contra, learned AGA 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 :- 18.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad