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2025 DAILYLAW 51282 (ALL)

ABHAY @ ABHAY SINGH BHADAURIYA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15351/2025 · 2025-05-01

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70103 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15351 of 2025 Applicant :- Abhay @ Abhay Singh Bhadauriya And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bhaskar Bhadra Counsel for Opposite Party :- G.A.,Mahendra Tripathi Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Bhaskar Bhadra, learned counsel for the applicants, Sri Mahendra Tripathi, learned counsel for opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State. 2. The present application has been filed to quash the Charge sheet dated 28.01.2019, Cognizance order dated 22.11.2019 along with entire proceeding in Case No. 5167 of 2019 (State Vs Abhay) arising out of Case Crime No. 0287 of 2018, under Section 498A, 323 I.P.C and Section 3 / 4 D.P Act Police Station- Bhojipura, District- Bareilly. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a compromise 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 three weeks. 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. 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. 7. 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 :- 2.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad