OMKAR ALIAS OMVEER AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12955/2025 · 2025-04-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 43731 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 43731 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:57252 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12955 of 2025 Applicant :- Omkar Alias Omveer And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prakash Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms. Rukhmani Ojha, Advocate, holding brief of Sri Prakash Tripathi, learned counsel for the applicants, Sri Prabhakar Kumar Shukla, learned counsel for opposite party no.2 and Sri Anish Kumar Upadhyay, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Case No.70 of 2025, CNR No.UPM02400000P2025, under Sections-85, 115(2) BNS & Section 3/4 Dowry Prohibition Act, arising out of case crime no.426 of 2024, Police Station-Bhojpur, District-Moradabad, pending in the court of learned Judicial Magistrate, Thakurdwara, Moradabad.
3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 30.01.2025 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.
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 of BNSS, 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