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2025 DAILYLAW 42617 (ALL)

RAGHUVINDRA KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13445/2025 · 2025-05-05

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72986 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13445 of 2025 Applicant :- Raghuvindra Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dhiresh Kumar,Sharad Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Bipin Gangwar, Advocate, holding brief of Sri Dhiresh Kumar, learned counsel for the applicants and Sri Aneesh Kumar Upadhyay, learned A.G.A. for the State. 2. The present application has been filed to quash the cognizance/summoning order dated 07.04.2021 issued by the Judicial Magistrate, Nawabganj, District- Bareilly on charge-sheet dated 02.12.2020 bearing charge-sheet no. 567 of 2020 registered as Case No. 504 of 2021 (State Vs. Raghuvindra and others) arising out of Case Crime No. 515 of 2020 u/s 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Nawabganj, District- Bareilly, pending in the court of Judicial Magistrate, Nawabganj, District- Bareilly including the entire proceedings of the said on the basis of compromise dated 06.03.2025. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a compromise dated 06.03.2025 has also been entered into between them. 4. Per contra, learned A.G.A. 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 8. 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. 9. Office is directed to return the original deed of compromise which has been annexed at page 44 of the affidavit to the learned counsel for the applicants after retaining photocopy of the same. Order Date :- 6.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad