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2025 DAILYLAW 50825 (ALL)

PRABHAT v. STATE OF U.P. AND ANOTHER

NA528/16112/2025 · 2025-05-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75065 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16112 of 2025 Applicant :- Prabhat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Babul Kumar Sharma Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Roopesh Srivastava on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Babul Kumar Sharma, learned counsel for the applicant, Sri Roopesh Srivastava, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 3. The present application has been filed to quash the charge-sheet dated 11.06.2020 and cognizance order dated 27.07.2020 passed by Chief Judicial Magistrate, Jhansi and entire proceeding of Case No. 6392 of 2020 (State Vs. Prabhat Kumar and others) arising out of Case Crime No. 18 of 2020 u/s 498-A, 323, 504, 506 I.P.C., Police Station- Kotwali, District- Jhansi, pending before learned Chief Judicial Magistrate, Jhansi, on the basis of compromise held between the parties. 4. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a compromise dated 10.10.2024 has also been entered into between them. 5. Per contra, learned A.G.A. 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 8.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad