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Neutral Citation No. - 2025:AHC:62430 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13567 of 2025 Applicant :- Smt Muradan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- G.A.,Prakash Tripathi Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Manoj Pandey, learned counsel for the applicant, Ms. Rukmani Ojha holding brief of Sri Prakash Tripathi, learned counsel for opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State.
2. The present application has been filed to quash the charge sheet dated 11.10.2022 and cognizance/summoning order dated 24.08.2023 as well as entire proceedings of Case No. 1298/2023, arising out of Case Crime No. 233/2022, under Sections- 498A, 323 and 504 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mainather, District- Moradabad pending before learned Court of Additional Chief Judicial Magistrate, Court No. 6, Moradabad.
3. It is jointly submitted by learned counsel for the applicant as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 01.03.2025 has also been entered into between them.
4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicant may be directed to file aforesaid compromise before the court below for verification.
5. Considering the aforesaid submission, present application is
disposed of with a direction to the applicant to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law.
6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant.
7. It is further provided that applicant is at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 23.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad