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2025 DAILYLAW 32528 (ALL)

ANAND SHANKER AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9408/2025 · 2025-03-23

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42465 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9408 of 2025 Applicant :- Anand Shanker And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anupama Tripathi,Rakesh Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rakesh Kumar Tripathi, learned counsel for the applicants, Sri Pramod Kumar, learned counsel for opposite party no.2 and Sri Padmakar Rai, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of summoning order dated 11.11.2016 as well as charge sheet no.01 of 2016 dated 08.10.2016 filed in Case Crime No.348 of 2015, under Sections-498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Ali Nagar, District-Chandauli, pending before A.C.J.M., Chandauli. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 06.01.2025 has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise. 8. Office is directed to return the original deed of the compromise annexed at page no.69 to the learned counsel for the applicants, after retaining the photocopy of the same. Order Date :- 24.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad