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2025 DAILYLAW 55791 (ALL)

DHARMENDRA SHARMA AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/17114/2025 · 2025-05-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80483 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17114 of 2025 Applicant :- Dharmendra Sharma And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Keshari Nath Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Aniket Kumar, Advocate, holding brief of Keshari Nath Tripathi, learned counsel for the applicants, Sri Pushpendra Vishwakarma, learned counsel for opposite party no.2 (upon appearance filed today) and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The present application has been filed to quash the chargesheet no.498 of 2023 dated 17.11.2023 and cognizance order dated 12.02.2025 as well as entire proceedings of Case No.2431 of 2025, arising out of case crime no.478 of 2023, under Sections-498A, 323, 504, 406 IPC, Police Station-Katghar, District-Moradabad, on the basis of compromise. 3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 05.10.2024 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. 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. 8. 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 :- 15.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad