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2025 DAILYLAW 37606 (ALL)

DEV PRIYA SHARMA v. STATE OF U.P. AND ANOTHER

NA528/11477/2025 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50358 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11477 of 2025 Applicant :- Dev Priya Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Alok Kumar Singh,Jagadeesh Prasad Chaurasiya Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Alok Kumar Singh, learned counsel for the applicant and Sri Raj Bahadur Verma, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding as well as chargesheet no.01 of 2023 dated 05.01.2023 in Case No.4108 of 2023, arising out of case crime no.717 of 2022, u/s 498-A and 417 I.P.C., Police Station-Modi Nagar, District-Ghaziabad, and the cognizance by the learned Additional Chief Judicial Magistrate, Ghaziabad was taken on 05.06.2023 as well as summoning order dated 05.06.2023. 3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 05.03.2024. Copy of the same has been annexed as Annexure No.6 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. 4. 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. 5. 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. It is further provided that applicant is 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 :- 8.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad