DHARMVEER AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16965/2025 · 2025-05-14
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55916 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55916 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:80025 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16965 of 2025 Applicant :- Dharmveer And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Gaurav Srivastava, Advocate holding brief of Sri Rajesh Kumar Srivastava, learned counsel for the applicants and Sri Pankaj Srivastava, learned AGA for the State. 2. The instant application has been filed for quashing the charge sheet dated 30.06.2024 as well as summoning order dated 29.01.2025, including the entire proceeding of Case No.4255 of 2025, arising out of Case Crime No.221 of 2024, under Sections 498A, 323, 504, 406, 506 I.P.C. and 3/4 D.P. Act, Police Station Jagdishpura, District Agra, pending in the court of Chief Judicial Magistrate-1st, Agra. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 18.04.2025 is reduced in written compromise and also annexed at page 59 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 5. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of one month from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 6. For a period of three months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. 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. 8. With the aforesaid direction, the present application is disposed of. 9.
Office is direct to return the original deed of compromise to the applicant after retaining a photo copy of the same. Order Date :- 15.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad