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2025 DAILYLAW 39424 (ALL)

SATENDRA YADAV v. STATE OF U.P. AND ANOTHER

A482/9607/2024 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52970 Court No. - 75 Case :- APPLICATION U/S 482 No. - 9607 of 2024 Applicant :- Satendra Yadav Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mukesh Kumar Pandey Counsel for Opposite Party :- G.A.,Mahendra Kumar,Ranjeet Kumar Yadav Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mukesh Kumar Pandey, learned counsel for the applicant, Sri Ranjeet Kumar Yadav, learned counsel for the opposite party no. 2 and Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present application has been filed to quash the cognizance and summoning order dated 23.05.2023 along with entire proceedings arising out of impugned charge- sheet dated 16.03.2023 u/s 498-A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Baragaon, District- Varanasi, on the basis of investigation in Crime No. 21/2023, currently pending before learned court of Additional Chief Judicial Magistrate-V, Varanasi. 3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a compromise has also been entered into between them. 4. Per contra, learned A.G.A. has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicant may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicant to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant. 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 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad