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2025 DAILYLAW 23696 (ALL)

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

NA528/6616/2025 · 2025-04-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60765 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6616 of 2025 Applicant :- Nikhil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahendra Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mahendra Tripathi, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to quash the charge-sheet no. 41A/2021 dated 11.04.2021 and cognizance order dated 13.04.2021 as well as entire proceeding of S.T. No. 1072/2022 (State Vs. Awadh Bihari and others), Case Crime No. 804 of 2020 u/s 498-A, 323, 354, 376, 511 I.P.C., Police Station- Tajganj, District- Agra, on the basis of compromise, pending in the court of learned Additional District Judge/Fast Track Court, Agra. 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 29.08.2024 has also been entered into between them. 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 29.08.2024 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 :- 21.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad