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2025 DAILYLAW 51370 (ALL)

PARAS AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15022/2025 · 2025-05-13

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79012 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15022 of 2025 Applicant :- Paras And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ayank Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama has been filed by Mr. Varun Dev Sharma, on behalf of opposite party no. 2 and it is taken on record. 2. Heard Sri Ayank Mishra, learned counsel for the applicants, Sri Varun Dev Sharma, learned counsel for 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 30.10.2022 as well as summoning order dated 22.11.2022 in Case No.3064 of 2022 (State Vs. Paras and others) arising out of Case Crime No. 94 of 2022, Under Sections 498-A, 504, 406 I.P.C. and section 3/4 D.P. Act, Police-Station: Mahila Thana, District: Gautam Budh Nagar, Pending in the Court of Civil Judge (J.D.) F.T.C.II, Gautam Budh Nagar. 4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 20.03.2025. Copy of the same has been annexed as Annexure No.5 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 5. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 6. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, 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 :- 14.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad