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2025 DAILYLAW 36198 (ALL)

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

NA528/10858/2025 · 2025-04-04

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:48522 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10858 of 2025 Applicant :- Mahesh Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Akash Gupta Counsel for Opposite Party :- Ankit Tiwari,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit filed by Sri Ankit Tiwari, learned counsel for opposite party no.2 is taken on record. 2. Heard Sri Akash Gupta, learned counsel for the applicants, Sri Ankit Tiwari, learned counsel for opposite party no.2 and Sri Uday Bhan, learned A.G.A. for the State. 3. The present application has been filed to quash the impugned chargesheet dated 27.02.2023, u/s 498-A, 323, 504, 506 and 354 I.P.C. and 3/4 of Dowry Prohibition Act, as well as impugned cognizance and summoning order dated 22.01.2025 passed by the court of Chief Judicial Magistrate, Ghaziabad in Criminal Case No.5206 of 2025, arising out of case crime no.1698 of 2022, Police Station-Indrapuram, District-Ghaziabad. 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 19.03.2025. Copy of the same has been annexed as Annexure No.4 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 :- 5.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad