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2025 DAILYLAW 31242 (ALL)

NARESH KUMAR AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9375/2025 · 2025-03-23

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42448 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9375 of 2025 Applicant :- Naresh Kumar And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Mohan Singh,Rajesh Pathak Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajendra Kumar Pandey, Advocate, holding brief of Sri Rajesh Pathak, learned counsel for the applicants and Sri Sandeep Choudhary, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned police report dated 15.08.2021, case no.6974 of 2022, arising out of case crime no.374 of 2021, State Vs. Naresh and others, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Sihani Gate, District-Ghaziabad, pending before Additional Chief Judicial Magistrate, Court No.3, Ghaziabad as well as cognizance order dated 12.09.2022. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise. Copy of the same has been annexed as Annexure No.4 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 aforesaid compromise 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 :- 24.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad