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2025 DAILYLAW 41037 (ALL)

SIDDHARTH SRIVASTAVA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12612/2025 · 2025-04-22

Arun Kumar Singh Deshwal

Civil Appealbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:62692 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12612 of 2025 Applicant :- Siddharth Srivastava And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepankar Nath Tripathi,Saurabh Mishra,Shivam Tiwari Counsel for Opposite Party :- G.A.,Rafiqa Anees Khan Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Deepankar Nath Tripathi, learned counsel for the applicants, Ms. Rafiqa Anees Khan, learned counsel for opposite party no. 2 and Ms. Harshita Rani, learned AGA for the State. 2. The present application has been filed to quash the charge sheet dated 13.10.2023 and cognizance/summoning order dated 13.12.2023 as well as entire proceedings of Case No. 188598/2023, arising out of Case Crime No. 68/2023, under Sections- 498A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- North Commissionerate pending before learned Court of Civil Judge (J.D.), F.T.C. (C.A.W.), Kanpur Nagar. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 11.07.2024 and 15.07.2024 has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants 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 applicants to file fresh 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. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law. 6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 23.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad