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2025 DAILYLAW 52123 (ALL)

ANURAG TIWARI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15275/2025 · 2025-05-01

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70260 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15275 of 2025 Applicant :- Anurag Tiwari And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Prashant Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Prashant Kumar Singh, learned counsel for the applicants and Sri Avaneesh Kumar Upadhyay, learned AGA for the State. 2. The present application has been filed to quash the entire proceeding of Case No. 3597 of 2020 (State Vs Anurag Tiwari and 2 others), arising out of Case Crime No. 01062 of 2019, under Section 498A, 323, 504, 506 I.P.C. & Section 3/4 D.P. Act, P.S. Kotwali Orai, District Jalaun, pending in the court of Civil Judge (Junior Division) / F.T.C./Crime against Women, Jalaun at Orai on the basis of compromise dated 20.02.2025 entered between applicants and opposite party no. 2 (informant), pending in the court of Civil Judge (Junior Division) / F.T.C./ Crime against Women, Jalaun at Orai on the basis of compromise dated 20.02.2025. 3. 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 20.02.2025. Copy of the same has been annexed as Annexure No.7 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. 4. 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. 5. 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 2.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad