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2025 DAILYLAW 44807 (ALL)

ISHWARI PRASAD v. STATE OF U.P. AND ANOTHER

NA528/13784/2025 · 2025-04-22

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:61900 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13784 of 2025 Applicant :- Ishwari Prasad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anil Kumar Dubey, learned counsel for the applicant and Sri Pankaj Saxena, learned AGA for the State. 2. The instant application has been filed to quash the chargesheet no. 37 of 2015 dated 03.04.2015 as well as entire proceedings of Case No. 326/2016, arising out of Case Crime No. 0101/2014, under Sections 498A, 323, 504 I.P.C. and 3/4 D.P. Act, Police Station Kyoladiya, District- Bareilly pending in the Court of learned Judicial Magistrate, Nawabganj, Bareilly on the basis of compromise dated 21.03.2025. 3. Learned counsel for the applicant submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 21.03.2025 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 23.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad