BRIJESH KUMAR GUPTA ALIAS TITU v. STATE OF U.P. AND ANOTHER
NA528/12901/2025 · 2025-04-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 41925 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 41925 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57230 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12901 of 2025 Applicant :- Brijesh Kumar Gupta Alias Titu Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Keshari Nandan Singh, learned counsel for opposite party no.2 is taken on record. 2. Heard Sri Arun Kumar Singh, learned counsel for the applicants, Sri Keshari Nandan Singh, learned counsel for opposite party no.2 and Sri Anish Kumar Upadhyay, learned A.G.A. for the State. 3. The present application has been filed to quash the entire proceeding of Case No.2712 of 2023, arising out of case crime no.30 of 2017, u/s 498-A, 323 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Babina, District- Jhansi, pending in the court of Additional Chief Judicial Magistrate, Court No.2, Jhansi. 4. 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 06.03.2025. Copy of the same has been annexed as Annexure No.3 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. 5. 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. 6. 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. 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 :- 18.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad