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2025 DAILYLAW 34604 (ALL)

SMT. MADHU AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/10611/2025 · 2025-04-02

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:46357 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10611 of 2025 Applicant :- Smt. Madhu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajay Kumar Srivastava, learned counsel for the applicants and Sri Satish Kumar Shukla, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No.20581 of 2021, State Vs. Jatin and others, arising out of case crime no.308 of 2020, under Sections-498-A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Tundala, District-Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad. 3. Learned counsel for the applicants has submitted that this is the second application for quashing against the impugned proceeding. The first application u/s 482 Cr.P.C. bearing no.4173 of 2023 was dismissed for want of prosecution on 06.12.2024. Present application has been filed for quashing the impugned proceeding on the basis of compromise. 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. Order Date :- 3.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad