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2025 DAILYLAW 38790 (ALL)

HARISH SARASWAT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11653/2025 · 2025-04-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51776 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11653 of 2025 Applicant :- Harish Saraswat And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short Counter affidavit filed by Sri Vinod Kumar Shukla, learned counsel for the opposite party no.2 is taken on record. 2. Heard Sri Manoj Kumar Dubey, learned counsel for the applicants, Sri Vinod Kumar Shukla, learned counsel for the opposite party no.2 and Sri Ramesh Kumar, learned AGA for the State. 3. The instant application has been filed for quashing the entire criminal proceeding in Case No. 3261 of 2017, arising out of Case Crime No.241 of 2017, under Sections 498A, 323, 504, 506, 509 I.P.C. and 3/4 D.P. Act, Police Station Mahila Thana, District Ghaziabad. 4. Learned counsel for the applicants as well as opposite party no.2 jointly submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 18.02.2025 is reduced in written compromise and also annexed at page 9 of the short counter affidavit. He further submitted that the aforesaid compromise has already been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 6. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months, from the date of presentation of a copy of this order, after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 7. 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. 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 :- 9.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad