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2025 DAILYLAW 45694 (ALL)

AKASH AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13586/2025 · 2025-04-22

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62366 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13586 of 2025 Applicant :- Akash And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dipendra Kumar,Pradeep Kumar Rai Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Dipendra Kumar, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State. 2. The instant application has been filed to quash the chargesheet dated 25.12.2023, cognizance/summoning order dated 06.04.2024 as well as entire proceedings of Criminal Case No. 6559/2024, arising out of Case Crime No. 245/2023, under Sections 498A, 323 I.P.C. and 3/4 D.P. Act, Police Station Kithore, District- Meerut pending in the Court of learned Additional Civil Judge (J.D.), Court No. 2, Meerut. 3. Learned counsel for the applicants 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 19.03.2025 is reduced in written compromise. He further submitted that the original deed of compromise was already filed along with application for termination of impugned proceedings on the basis of compromise but the court below instead of verifying the compromise has rejected the application of the applicants vide order dated 20.03.2025. 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 applicants 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