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2025 DAILYLAW 49579 (ALL)

VINOD MISHRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14710/2025 · 2025-05-06

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:74431 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14710 of 2025 Applicant :- Vinod Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satendra Kumar Counsel for Opposite Party :- G.A.,Kundan Mishra Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Satendra Kumar, learned counsel for the applicants, Sri Kundan Mishra, learned counsel for the opposite party no. 2 and Sri Sunil Kumar Kushwaha, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings along with charge sheet dated 23.03.2024 in Case No. 1228 of 2024 (State vs. Vinod Mishra and others), under Sections- 498-A, 323, 504, 354 IPC & Section 3/4 Dowry Prohibition Act arising out of Case Crime No. 158 of 2023, Police Station- Bara, District- Allahabad, pending in the court of Judicial Magistrate- 3rd, Allahabad. 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 15.02.2024 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 :- 7.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad