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Neutral Citation No. - 2025:AHC:80101 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16988 of 2025 Applicant :- Dhirendra Kushwaha Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jai Prakash Rai,Om Prakash Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Jai Prakash Rai, learned counsel for the applicants and Sri Sandeep Chaudhary, learned AGA for the State.
2. The instant application has been filed to direct the Civil Judge (Junior Division)/ F.T.C. (C.A.D.), Jhansi to decide the Case No.7916 of 2024, under Sections 498-A, 323, 504, 506 IPC and 3/4 Dowry Prohibition Act, Police Station Mahila Thana- Nawabad, District Jhansi.
3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise is reduced in written compromise. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding.
5. In view of the above, the applicant is directed to file fresh original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law.
6. For a period of two and half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises.
8. With the aforesaid direction, the present application is disposed of. Order Date :- 15.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad