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2025 DAILYLAW 30238 (ALL)

HARSH @ HARSH PAWAR AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/8613/2025 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38572 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8613 of 2025 Applicant :- Harsh @ Harsh Pawar And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akhilesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anish Tiwary, Advocate holding brief of Sri Akhilesh Kumar Mishra, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The instant application has been filed for quashing the charge sheet dated 15.11.2021 as well as cognizance order dated 22.01.2023 including the entire proceeding of Case No.924 of 2023, arising out of Case Crime No.749 of 2021, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Kotwali City, District Bijnor, pending in the court of Additional Civil Judge(J.D.)/ T.T.C. IInd, Bijnor. 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. The aforesaid compromise dated 29.01.2025 is reduced in written compromise and also annexed at page 41 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact is not disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 5. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties. 6. For a period of two and half 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 :- 18.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad