VAIBHAV PANDEY AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8061/2025 · 2025-03-19
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 28328 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 28328 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43885 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8061 of 2025 Applicant :- Vaibhav Pandey And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashutosh Gupta,Vandana Gupta Counsel for Opposite Party :- G.A.,Mohammad Areeb,Mohd. Faizan Ali Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms. Vandana Gupta, learned counsel for the applicants, Sri Mohammad Areeb, learned counsel for the opposite party no. 2 and Sri Raj Bahadur Verma, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceedings of the Case No. 313/IX of 2023 (State Vs. Vaibhav Pandey and others) (Case Crime No. 01 of 2023) u/s 323, 498-A, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Mathura, on the basis of compromise dated 10.01.2025 filed in the trial court and taken on record including charge-sheet dated 21.02.2023 submitted against applicant nos. 1 to 3 u/s 323, 498-A, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act and against applicant no.4 u/s 323, 504, 506 I.P.C. as well as cognizance order dated 12.06.2023 passed by Civil Judge (Junior Division)/F.T.C. (Crime Against Women), Mathura, pending in the court of Civil Judge (Junior Division)/F.T.C. (Crime Against Women). 3. It is jointly submitted by learned counsel for the applicants and learned counsel for the opposite party no. 2 that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 10.01.2025 has also been entered into between them. Copy of the same has been annexed as Annexure No.6 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 10.01.2025 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. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 20.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad