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2025 DAILYLAW 33105 (ALL)

ISHANT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10734/2025 · 2025-04-03

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47555 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10734 of 2025 Applicant :- Ishant And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Jagdish Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed today by Sri Paritosh Shukla, on behalf of opposite party no.2, is taken on record. 2. Heard Sri Ajay Kumar Jagdish, learned counsel for the applicants, Sri Paritosh Shukla, learned counsel for opposite party no.2 and Sri Pankaj Saxena, learned AGA for the State. 3. The present application has been filed to quash the entire proceedings in pursuance of charge sheet in Criminal Case No. 1296 of 2019, State Vs. Ishant Sharma and others, arising out of case crime no.32 of 2019, under Sections- 498A, 323 IPC & Section 3/4 D.P. Act, Police Station-Mahila Thana, District-G.B.Nagar, pending in the court of A.C.J. (J.D.)2nd G.B. Nagar. 4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 25.10.2024 has also been entered into, which was also filed before the court below but the court below instead of verifying the same rejected the application filed along with the compromise on the ground that offence is not compoundable. 5. As the aforesaid compromise has already been filed before the court below, the court below is directed to verify the aforesaid compromise within a period of two months. 6. In view of the above, the present application is disposed of with a direction to the court below to verify the aforesaid compromise entered into between the parties 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. 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 :- 4.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad