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2025 DAILYLAW 39412 (ALL)

ANIL AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12470/2025 · 2025-04-15

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:55522 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12470 of 2025 Applicant :- Anil And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Pandey Counsel for Opposite Party :- G.A.,Ganesh Shankar Dubey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pramod Kumar Pandey, learned counsel for the applicants, Sri Ganesh Shankar Dubey, learned counsel for opposite party no.2 and Sri Pankaj Saxena, learned A.G.A. for the State. 2. The present application has been filed to quash the cognizance and summoning order dated 23.12.2022 passed by Judicial Magistrate, Maharajganj, as well as entire proceeding of Case No.292 of 2023, arising out of case crime no.15 of 2022, u/s 498-A, 323, 504, 506, 406 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Maharajganj, pending before Civil Judge (Junior Division)/Fast Track Court, Court no.1/Judicial Magistrate, Maharajganj, on the basis of compromise dated 13.02.2025. 3. 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 13.02.2025. Copy of the same has been annexed as Annexure No.1 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 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 :- 16.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad