Neutral Citation No. - 2025:AHC:70405 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15231 of 2025 Applicant :- Niket Giri Alias Aniket Giri And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vijay Pratap Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit along with Vakalatnama filed on behalf of the opposite party no.2 is taken on record. 2. Heard Sri Vijay Pratap Singh, learned counsel for the applicants, Sri Dharmendra Kumar Shukla, learned counsel for the opposite party no.2 and Sri Ramesh Kumar, learned AGA for the State. 3. The instant application has been filed for quashing the charge sheet dated 28.08.2024 as well as summoning order dated 05.04.2025 passed by the Judicial Magistrate-III, Gorakhpur in Case No.22890 of 2025, arising out of Case Crime No.294 of 2024, under Sections 328, 376 IPC and and 3/4 D.P. Act, Police Station Geeda, District Gorakhpur, pending in the court of Judicial Magistrate-III, Gorakhpur. 3. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly submitted that the basically dispute between the parties is non performance of marriage after long consensual relationship. Now parties have settled their dispute amicably and applicant no.1 and opposite party no.2 have performed marriage. Both of them have been living together as husband and wife. 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 applicants are directed to file 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 :- 2.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad