SUMIT TIWARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12486/2025 · 2025-04-15
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 40508 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 40508 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:55536 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12486 of 2025 Applicant :- Sumit Tiwari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ram Krishna Dubey, learned counsel for the applicants, Ms Kusum Lata, learned counsel for opposite party no.2 (upon appearance filed today) and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Criminal Case No.1284 of 2023, arising out of case crime no.114 of 2023, under Sections-498A, 323 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Newadiya, District-Jaunpur, pending in the court of Civil Judge (S.D.)/FTC, Jaunpur as well as chargesheet no.132 of 2023 dated 16.10.2023 and cognizance dated 10.11.2023.
3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
5. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a
period of one month from today.
6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law.
7. For a period of three 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 :- 16.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad