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2025 DAILYLAW 47751 (ALL)

ADESH KUMAR v. STATE OF U.P. AND ANOTHER

NA528/14413/2025 · 2025-04-27

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:66092 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14413 of 2025 Applicant :- Adesh Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Awadh Sharma,Shivniket Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Awadh Sharma, learned counsel for the applicant and Ms. Ruchi Mishra, learned State Law Officer for the State. 2. The present application has been filed to quash the entire proceedings of Case No. 2336 of 2017 (State vs. Adesh Kumar), pending before Civil Judge, Junior Divisiion, F.T.C.-1, Ghaziabad arising out of cognizance and summoning order dated 11.09.2017 passed by the Chief Judicial Magistrate, Ghaziabad, in Case Crime No. 224 of 2016 (State vs. Adesh Kumar and others) as well as charge sheet dated 30.03.2017, under Sections- 498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Ghaziabad. 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 20.03.2025 has also been entered into between them, which was also filed before the court below but the court below instead of verifying the same rejected the application filed along with the compromise on the ground that offence is not compoundable. 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 :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad