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2025 DAILYLAW 50638 (ALL)

RAJEEV KUMAR AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14828/2025 · 2025-04-29

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69423 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14828 of 2025 Applicant :- Rajeev Kumar And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amar Jeet Upadhyay Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amar Jeet Upadhyay, learned counsel for the applicants and Satish Kumar Shukla, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Case No. 139 of 2016 (State vs. Rajeev Kumar and other) arising out of Case Crime No. 145 of 2015, under Sections- 498-A, 323, 324, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Ghaziabad, pending in the court of Additional Civil Judge (J.D.), F.T.C.-1st, 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 18.04.2025 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 :- 30.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad