PRASHANT KUMAR SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15037/2025 · 2025-05-06
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 51515 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 51515 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:74073 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15037 of 2025 Applicant :- Prashant Kumar Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sarvesh Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sarvesh Pandey, learned counsel for the applicants and Sri P.P. Tiwari , learned AGA for the State.
2. The present application has been filed to quash the charge sheet dated 31.03.2021 as well as cognizance / summoning order dated 02.11.2021 passed by Additional Civil Judge (J.D.) Room No. 21, District Allahabad in Case No. 352 of 2021 (State vs. Prashant Kumar Singh and others) arising out of Case Crime No. 154 of 2020, under Sections- 498-A, 323, 506, 406 IPC & Section 3/4 Dowry Prohibition Act against the applicant nos. 1 to 4 and under Sections- 498-A, 323, 354, 506, 406 IPC & Section 3/4 Dowry Prohibition Act against applicant no. 5, Police Station- Mahila Thana, District-Allahabad, pending in the court of Additional Civil Judge (J.D.) Room No. 21, District 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 10.01.2025 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 :- 7.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad