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2025 DAILYLAW 44358 (ALL)

LALIT KUMAR & 2 OTHERS v. STATE OF U.P & ANOTHER

NA528/12924/2025 · 2025-04-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:57243 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12924 of 2025 Applicant :- Lalit Kumar & 2 Others Opposite Party :- State Of U.P & Another Counsel for Applicant :- Mohd Qasim Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Qasim, learned counsel for the applicants through video conferencing, Sri Afzal Hussain, learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Case No.48 of 2021, chargesheet dated 25.02.2020, arising out of case crime no.1167 of 2018, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Khurja Nagar, District-Bulandshahar and cognizance order dated 16.01.2021, pending in the court of Additional Chief Judicial Magistrate, Khurja, District- Bulandshahr, on the basis of compromise dated 15.02.2025. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 15.02.2025. Copy of the same has been annexed as Annexure No.4 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 aforesaid compromise 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 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. Order Date :- 18.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad