DEVANAND CHOURASIA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9436/2025 · 2025-03-23
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 32496 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 32496 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42496 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9436 of 2025 Applicant :- Devanand Chourasia And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Prashant Pandey, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned A.G.A. for the State.
2. The present application has been filed to quash the entire proceeding of Criminal Case No.4307 of 2022, arising out of case crime no.450 of 2021, State Vs. Devanand Chourasia and others, u/s 498-A, 323, 504, 506, 406, 427 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Sigra, District- Varanasi, pending in the court of Additional Chief Judicial Magistrate, Varanasi as well as chargesheet dated 01.01.2022 submitted in case crime no.450 of 2021, on the basis of compromise dated 28.02.2025.
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 dated 28.02.2025. Copy of the same has been annexed as Annexure No.5 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