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2025 DAILYLAW 44686 (ALL)

MUKUL YADAV AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13204/2025 · 2025-04-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60274 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13204 of 2025 Applicant :- Mukul Yadav And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lalit Prakash,Yashasvi Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Narayan Swaroop on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Lalit Prakash, learned counsel for the applicants, Sri Narayan Swaroop, learned counsel for the opposite party no. 2 and Sri Rajeev Kumar Sonkar, learned A.G.A. for the State. 3. The present application has been filed to quash the cognizance/summoning order dated 29.01.2025 passed by learned Chief Judicial Magistrate, Moradabad along with quash the proceeding of Case No. 1558/9/25 (State Vs. Mukul Yadav and others) arising out of Case Crime No. 905 of 2024 u/s 85, 115(2), 351(2) B.N.S. & Section 3/4 of Dowry Prohibition Act as well as charge sheet no. 734 of 2024 (dated 15.10.2024), Police Station- Civil Lines, District- Moradabad, pending in the court of learned Chief Judicial Magistrate, Moradabad. 4. Contention of learned counsel for the applicants is that dispute between the parties is purely matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 20.03.2025 has also been entered into between them. 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. 5. 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. 6. 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 20.03.2025 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. 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 :- 21.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad