SATYAM PORWAL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/11547/2025 · 2025-04-08
Arun Kumar Singh Deshwal
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 34924 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34924 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11547 of 2025 Applicant :- Satyam Porwal And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Dutt Awasthi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Short counter affidavit along with Vakalatnama filed by Sri Girja Shanker Sen, learned counsel for opposite party no.2, is taken on record. 2. Heard Sri Krishna Dutt Awasthi, learned counsel for the applicants, Sri Shrish Kumar Mishra, Advocate, holding brief of Sri Girja Shanker Sen, learned counsel for opposite party no.2 and Sri Anish Kumar Upadhyay, learned A.G.A. for the State. 3. The present application has been filed to quash the impugned chargesheet dated 30.04.2024 as well as cognizance/summoning order dated 07.11.2024 as well as entire proceeding of Case No.14761 of 2024, arising out of case crime no.0005 of 2024, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Auraiya, pending in the court of Civil Judge (J.D.)/F.T.C./C.A.W., Auraiya. 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 06.03.2025. Copy of the same has been annexed as Annexure No.1 of the short counter affidavit. 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 :- 9.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad