AMIT CHAURASIA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/15558/2025 · 2025-05-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53008 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53008 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:72224 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15558 of 2025 Applicant :- Amit Chaurasia And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Karunesh Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Shashi Kumar Tiwari on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Karunesh Mishra, learned counsel for the applicants, Sri Shashi Kumar Tiwari, learned counsel for the opposite party no. 2 and Ms. Ruchi Mishra, learned State Law Officer for the State. 3. The present application has been filed to quash the cognizance/summoning order dated 17.02.2024 passed by Additional Chief Judicial Magistrate, Court No.2, Ghaziabad along with proceedings of Case No. 453 of 2024 (State Vs. Amit Chaurasia and others) arising out of Case Crime No. 917 of 2023 u/s 498-A, 323, 504, 506, 342, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act as well as charge-sheet no. 01 of 2023 dated 02.12.2023, Police Station- Vijay Nagar, District- Ghaziabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.2, Ghaziabad. 4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 31.01.2025 has also been entered into between them. Copy of the same has been annexed at Annexure No.5 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. 5. 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. 6. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 31.01.2025 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8.
For a period of two months, no coercive action shall be taken against the applicants. 9. 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 :- 5.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad