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2025 DAILYLAW 54322 (ALL)

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

NA528/15875/2025 · 2025-05-13

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79807 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15875 of 2025 Applicant :- Shiva And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avinash Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Avinash Pandey, learned counsel for the applicants and Ms. Harshita Rani, learned AGA for the State. 2. The present application has been filed to quash the cognizance order dated 12.01.2023 as well as entire proceedings of Case No.13 of 2023 (State Vs. Shiva & Others), arising out of Case Crime No.37 of 2022, under Sections- 498A, 323, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Saharanpur, pending in the court of Civil Judge (J.D.)/ FTC (Crime against women), Saharanpur, 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 22.04.2025 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