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2025 DAILYLAW 54821 (ALL)

PREM SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/16141/2025 · 2025-05-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75061 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16141 of 2025 Applicant :- Prem Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajay Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Manish Kumar on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Ajay Singh Yadav, learned counsel for the applicants, Sri Manish Kumar, learned counsel for the opposite party no. 2 and Sri Brijesh Kumar Dwivedi, learned A.G.A. for the State. 3. The present application has been filed to quash the charge-sheet dated 16.03.2023 submitted by the Investigating officer against the applicant no. 1 u/s 498-A, 323, 506, 504, 427 I.P.C. and Section 3/4 of Dowry Prohibition Act, applicant nos. 2 to 4 u/s 498-A, 323, 506, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act and applicant no. 4 u/s 498-A, 354, 323, 506, 504 I.P.C. and Section 3/4 of Dowry Prohibition Act in Case Crime No. 15 of 2023, Police Station- Mahila Thana, District- Ghaziabad as well as entire proceedings of Case No. 124218 of 2023, State Vs. Prem Singh and others (pending before the Civil Judge (Junior Division)/Judicial Magistrate, F.T.C.-I, Ghaziabad) in relation to Case Crime No. 15 of 2023 u/s 498-A, 354, 323, 506, 504, 427 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Mahila Thana, District- Ghaziabad including cognizance and summoning order dated 03.07.2023 passed by Civil Judge (Junior Division), F.T.C.-I (Crime Against Women), Ghaziabad in the above mentioned case in the light of compromise deed dated 01.04.2024 executed between the applicant and opposite party no. 2. 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 compromise dated 23.12.2024 has also been entered into between them. 5. Per contra, learned A.G.A. 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. 6. 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. 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. 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. 10. Office is directed to return the original deed of compromise which has been annexed at page 68 of the affidavit to the learned counsel for the applicants after retaining photocopy of the same. Order Date :- 8.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad