MUKESH SONI AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/10847/2025 · 2025-04-04
Arun Kumar Singh Deshwal
Civil Appealbody2025
DailyLaw.ai
[ 2025 DAILYLAW 35998 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35998 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:48530 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10847 of 2025 Applicant :- Mukesh Soni And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajendra Prasad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajendra Prasad, learned counsel for the applicants, Sri Narendra Kumar Tiwari, Advocate, holding brief of Sri Ashutosh Tripathi, learned counsel for opposite party no.2 (upon appearance filed today) and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Case No.2929 of 2020, arising out of case crime no.042 of 2018, under Sections-498A, 323, 504, 406, 494 and 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Jhansi, pending in the court of Chief Judicial (J.D.)/C.A.W., Jhansi, as well as chargesheet no. 23 of 2019 dated 07.07.2019.
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 21.12.2024. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid 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.
10. Office is directed to return the original deed of the compromise annexed at page no.53 to the learned counsel for the applicants, after retaining the photocopy of the same.
Order Date :- 5.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad