Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 34620 (ALL)

VIJAY ARORA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10724/2025 · 2025-04-03

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:47702 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10724 of 2025 Applicant :- Vijay Arora And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Meraj Ahmad Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit along with Vakalatnama filed by Sri Krishna Madhav Pandey, learned counsel for opposite party no.2 is taken on record. 2. Heard Sri Meraj Ahmad Khan, learned counsel for the applicants, Sri Krishna Madhav Pandey, learned counsel for opposite party no.2 and Sri Ramesh Kumar, learned A.G.A. for the State. 3. The present application has been filed to quash the impugned chargesheet no.225/2021 dated 10.11.2021 and cognizance/summoning order dated 21.12.2021 passed by Additional Chief Judicial Magistrate, Court No.5, Moradabad as well as entire proceeding of Case No.37752 of 2021, arising out of case crime no.32 of 2021, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Mugalpura, District-Moradabad, on the basis of compromise dated 06.01.2025. 4. 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 to written compromise dated 07.01.2025. 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. 5. 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. 6. 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. 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