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2025 DAILYLAW 41986 (ALL)

ASHISH KUMAR SHARMA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13710/2025 · 2025-04-22

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62249 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13710 of 2025 Applicant :- Ashish Kumar Sharma And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amit Saxena Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amit Saxena, learned counsel for the applicants and Mohd. Shoeb Khan, learned AGA for the State. 2. The present application has been filed to quash the charge sheet no. 1 dated 16.03.2023 and summoning order dated 09.05.2023 as well as entire proceedings of Criminal Case No. 2182/2023, arising out of Case Crime No. 1053/2022, under Sections- 498A, 323, 504, 427 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Nandgram, District- Ghaziabad pending before learned Court of Additional Chief Judicial Magistrate, Court No. 3, Ghaziabad. 3. It is jointly submitted by learned counsel for the parties that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 27.06.2024 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 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. 8. Office is directed to return the original compromise which has been annexed at page no. 10 of the supplementary affidavit to the learned counsel for the applicants after retaining the photocopy of the same. Order Date :- 23.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad