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2025 DAILYLAW 29254 (ALL)

PRINCE SHARMA ALIAS PRINCE KUMAR SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8350/2025 · 2025-04-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:49665 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8350 of 2025 Applicant :- Prince Sharma Alias Prince Kumar Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Abhishek Gupta Counsel for Opposite Party :- Raj Narayan Tiwari,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit filed by Shri Raj Narayan Tiwari, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Shri Abhishek Gupta, learned counsel for the applicants, Shri Raj Narayan Tiwari, learned counsel for the opposite party no. 2 and Sri Satish Kumar Shukla, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Case No.1961/2021, arising out of Case Crime No. 47/2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District- Gautam Buddha Nagar and charge sheet dated 06.09.2021 and cognizance order dated 08.10.2021. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 22.05.2024 but the court below has rejected to terminate the proceeding on the ground that offence under Section 498-A I.P.C. is not compoundable, however, compromise is still pending before the court below. 4. However, learned AGA raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. 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. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 7.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad