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2025 DAILYLAW 35186 (ALL)

MANOJ KUMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10746/2025 · 2025-04-03

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:47289 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10746 of 2025 Applicant :- Manoj Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajesh Kr. Srivastava, learned counsel for the applicants and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 2. The instant application has been filed to quash charge sheet dated 25.9.2023, cognizance order dated 8.4.2024 (corrected on 14.2.2025) as well as entire proceeding of Case No. 36307 of 2024 arising out of case crime No. 220 of 2023, u/s 493, 494, 313, 342, 506 IPC, P.S. Sachendi, District Kanpur Nagar. 3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise dated 4.1.2025. It has been requested that the impugned proceedings may be quashed on the basis of compromise. 4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification the court below will dispose of the impugned proceeding in accordance with law. 7. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 4.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad