RAVI AGARWAL AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/14309/2025 · 2025-04-27
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 48095 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 48095 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:66317 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14309 of 2025 Applicant :- Ravi Agarwal And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dinesh Kumar Yadav Counsel for Opposite Party :- Reeta Yadav,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Short counter affidavit along with Vakalatnama filed today by Ms. Reeta Yadav, on behalf of opposite party no.2, is taken on record.
2. Heard Sri Dinesh Kumar Yadav, learned counsel for the applicants, Ms. Reta Yadav, learned counsel for the opposite party no. 2 and Sri Rajeev Kumar Singh, learned AGA for the State.
3. The present application has been filed to quash the cognizance
order dated 02.01.2025 passed by Civil Judge (J.D.), Aligarh as well as entire proceedings of Criminal Case No. 5 of 2025 (State vs. Ravi Agrawal and others) arising out of Case Crime No. 118 of 2024, under Sections- 498-A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Iglas, District- Aligarh, pending in the court of Civil Judge (J.D.), Aligarh.
4. 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 12.03.2025 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, applicants 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 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.
7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
8. 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.
9. 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.
10. Office is directed to return the original deed of the compromise annexed at page no.54 to the learned counsel for the applicants, after retaining the photocopy of the same.
Order Date :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad