VISHAL KUMAR SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/8809/2025 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30686 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30686 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39981 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8809 of 2025 Applicant :- Vishal Kumar Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vibhendu Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Vibhendu Mishra, learned counsel for the applicants and Sri Pushpendra Singh Jadon, learned AGA for the State.
2. The instant application has been filed for quashing the Charge sheet dated 17.02.2024 as well as cognizance order dated 27.09.2024 including the entire proceeding of Criminal Case No.4032 of 2024 arising out of Case Crime No.0499 of 2023, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Nandgram, District City (Commissionerate Ghaziabad).
3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly 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 07.10.2024 is reduced in written compromise and also annexed at page 57 of the affidavit. He further submitted that the aforesaid compromise deed has also been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Though this fact has not been 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 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.
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 :- 19.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad