Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 33436 (ALL)

ANURAG TIWARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9815/2025 · 2025-03-25

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:44182 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9815 of 2025 Applicant :- Anurag Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadh Sharma,Shivniket Tripathi Counsel for Opposite Party :- G.A.,Rakesh Kumar Srivastava Hon'ble Arun Kumar Singh Deshwal,J. 1. List has been revised. 2. No one appears on behalf of the applicants whereas learned A.G.A. is present. 3. It is informed by learned A.G.A. that the Bar Association of Allahabad High Court has passed a resolution that all members of Bar will abstain from judicial work today. 4. The present application has been filed to quash the entire criminal proceedings of Case No. 631 of 2024 (State Vs. Anurag Tiwari and others) pending before Judicial Magistrate, Ghaziabad arising out of cognizance and summoning order dated 04.01.2024 passed by Civil Judge (J.D.)/F.T.C.-I, (Offence against women), Ghaziabad, in Case Crime No. 101 of 2023 as well as charge-sheet dated 17.10.2023 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, on the basis of compromise dated 03.10.2024. 5. From perusal of record, it appears that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 03.10.2024 has also been entered into between them. Copy of the same has been annexed as Annexure No.3 to the application. Copy of the same was also filed before the court below along with application dated 04.02.2025 but the court below instead of verifying the same, rejected the aforesaid application on the ground that offence u/s 498-A I.P.C. is not compoundable. 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. For a period of two months, no coercive action shall be taken against the applicants. 8. 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. Order Date :- 26.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad