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2025 DAILYLAW 36435 (ALL)

SURAJ THAKRAL AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11692/2025 · 2025-04-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51429 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11692 of 2025 Applicant :- Suraj Thakral And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aditya Pratap Mishra,Krishna Nand Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Aditya Pratap Mishra, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State. 2. This application has been filed to quash the entire proceeding of case No. 504 of 2023, case crime No. 125 of 2022, under Sections 498A, 323 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Saharanpur, including summoning order dated 15.2.2023. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 25.10.2024. It is further submitted that the said compromise has already been filed before the court below. 4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. 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. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 9.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad