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Neutral Citation No. - 2025:AHC:70096 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14221 of 2025 Applicant :- Uma Shanker Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Kr. Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sanjay Kr. Srivastava , learned counsel for the applicant and Sri P.P. Tiwari, learned AGA for the State.
2. The present application has been filed to quash the proceeding of Criminal Case No. 596 of 2011 (State Vs. Uma Shanker & others) Case Crime No. 1679 of 2010 U/s 498-A, 323, 504, 506 of I.P.C. & Section 3/4 of Dowry Prohibition Act, P.S. Civil Line, District Badaun pending in the court of learned Civil Judge [Sr. Division/F.T.C./Addl. Chief Judicial Magistrate, Budaun, arising out of charge sheet dated 12.6.2010 as well as order of cognizance/summoning dated 15.1.2011.
3. Learned counsel for the applicant submitted that applicant along with co-accused persons has also filed an Application U/S 482 No. 772 of 2012 against the impugned proceedings which got dismissed. However, now the parties have settled their dispute.
4. 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 compromise has also been entered into between them.
5. 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.
6. 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.
7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant.
8. It is further provided that applicant are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 2.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad