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Neutral Citation No. - 2025:AHC:62227 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14012 of 2025 Applicant :- Rahul Tiwari Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Sahu Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Manoj Kumar Sahu, learned counsel for the applicant and Sri Anish Kumar Upadhyay, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Criminal Case No.8695 of 2024, arising out of Crime No.266 of 2020, under Sections-498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Sipri Bazar, District-Jhansi, pending in the court of Chief Judicial Magistrate, Jhansi, in light of the compromise dated
05.05.2024.
3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 05.05.2024 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, applicants 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 applicants 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.
6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
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 applicants.
8. It is further provided that applicants 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 :- 24.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad