DHEERAJ KUMAR MISHRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16250/2025 · 2025-05-08
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 54685 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 54685 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:76071 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16250 of 2025 Applicant :- Dheeraj Kumar Mishra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- D.K.Ojha Counsel for Opposite Party :- Vikas Kumar Ojha,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri D.K.Ojha, learned counsel for the applicants, Shri Vikas Kumar Ojha, learned counsel for opposite party No.2 and learned A.G.A. for the State.
2. The instant application has been filed to quash the entire Case No.16 of 2023 (State Vs. Dheeraj Mishra and Others) arising out of Case Crime No.543 of 2021, Under Sections 498-A, 323, 504, 506, 376, 377 I.P.C., Police Station Meja, District Prayagraj along with charge-sheet dated 24.03.2023 and cognizance order dated
04.01.2023.
3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise dated 30.08.2024. It has been requested that the impugned proceedings may be quashed on the basis of compromise.
4. Though learned counsel for opposite party No.2 did not dispute the above fact, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
5. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today.
6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law.
7. For a period of two and a half months or till verification of
compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
8. 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.
9. With the aforesaid direction, the present application is disposed of. Order Date :- 9.5.2025 Shiv Digitally signed by :- SHIV KUMAR SHARMA High Court of Judicature at Allahabad