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2025 DAILYLAW 40956 (ALL)

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

NA528/13171/2025 · 2025-05-04

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71776 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13171 of 2025 Applicant :- Pushpendra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pankaj Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pankaj Kumar Mishra, learned counsel for the applicants, Sri Saurabh Mishra, learned counsel for opposite party no.2 and Sri Anish Kr. Upadhyay, learned A.G.A. for the State. 2. The instant application has been filed to quash the Charge-sheet No.04 of 2023, dated 29.03.2023, cognizance/summoning order dated 29.09.2023, as well as the entire proceedings of Case No.11147 of 2023, arising out of Case Crime No.01 of 2023, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, Police Station Mahila Thana (Saifai), District Etawah. 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 compromise. It has been requested that the impugned proceedings may be quashed on the basis of compromise. 4. Learned A.G.A. states that the impugned proceedings 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 15 days 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 proceedings in accordance with law. 7. For a period of two and a half 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 proceedings on the basis of verified copy of compromise, if need arises. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 5.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad