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2025 DAILYLAW 44133 (ALL)

SWARAJ SINGH v. STATE OF U.P. AND 2 OTHERS

NA528/13450/2025 · 2025-04-21

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62001 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13450 of 2025 Applicant :- Swaraj Singh Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Anand Kumar,Vinod Kumar Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anand Kumar, learned counsel for the applicant and Sri Satish Kumar Shukla, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Case No. 452 of 2018 (State Vs. Swaraj Singh and others) arising out of Case Crime No. 276 of 2017 u/s 498-A, 323, 326, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Shahzad Nagar, District- Rampur on the basis of compromise dated 05.08.2024 pending before the court of ACJM, Rampur. 3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 21.03.2025 has also been entered into between them. Copy of the same has been annexed at Annexure No.5 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. 4. 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. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 21.03.2025 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicant. 8. It is further provided that applicant is 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 :- 22.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad