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2025 DAILYLAW 51910 (ALL)

GAURAV AND 3 OTHERS v. STATE OF U.P. . AND ANOTHER

A482/35531/2023 · 2025-05-13

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79479 Court No. - 75 Case :- APPLICATION U/S 482 No. - 35531 of 2023 Applicant :- Gaurav And 3 Others Opposite Party :- State Of U.P. . And Another Counsel for Applicant :- Deepak Kumar Tripathi,Surendra Kumar Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Surendra Kumar Tripathi, learned counsel for the applicants and Sri Shoeb Khan, learned AGA for the State. 2. The present application has been filed to quash the entire proceeding of Case No.12842 of 2016 (State Vs. Ishwari and others), arising out of Case Crime No.568 of 2015, under Sections- 147, 148, 149, 452, 504, 506 I.P.C., Police Station- Hari Parvat, District- Agra, pending in the court of Chief Judicial Magistrate, Agra, on the basis of compromise. 3. It is submitted by learned counsel for the applicants that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 09.09.2023 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. 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 :- 14.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad