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2025 DAILYLAW 44036 (ALL)

RAHUL KUMAR SINGHAL AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

NA528/13378/2025 · 2025-04-21

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:63063 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13378 of 2025 Applicant :- Rahul Kumar Singhal And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Swayamanand Sisodiya Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Swayamanand Sisodiya, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceedings of Criminal Case No. 23857 of 2020 (State Vs. Rahul Singhal and another) relating to Case Crime No. 393 of 2021 u/s 498-A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Bhawanpur, District- Meerut, pending in the court of Judicial Magistrate, Court No.2, Meerut on the basis of compromise entered into between the applicants and opposite party nos.2 & 3 as well as impugned order dated 26.03.2025 passed by learned Judicial Magistrate, Court No.3, Meerut whereby application seeking withdrawal of criminal proceedings on the basis of compromise has been dismissed/rejected. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 19.03.2025 has also been entered into between them. Copy of the same has been annexed as Annexure No.3 to the application. Copy of the same was also filed before the court below but the court below instead of verifying the same, rejected the aforesaid application on the ground that offence u/s 498-A I.P.C. is not compoundable. 4. In view of the above, the present application is disposed of with a direction to the court below to verify the aforesaid compromise entered into between the parties 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. 5. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 6. For a period of two months, 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 :- 22.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad