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Neutral Citation No. - 2025:AHC:79855 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16812 of 2025 Applicant :- Mukul And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Sri Kuldeep Singh, Advocate has filed his vakalatnama on behalf of opposite party no.2, which is taken on record.
2. Heard Sri Arvind Mishra, Advocate holding brief of Sri Satya Narayan Gupta, learned counsel for the applicants, Sri Kuldeep Singh, learned counsel for opposite party no.2 and learned AGA for the State.
3. The present application has been filed to quash the entire proceeding of Case No.15921 of 2024 (State Vs. Mukul and others), arising out from the impugned summoning order dated 09.09.2024 passed by the learned court of Chief Judicial Magistrate, Court No.2, Meerut in Case Crime No.39 of 2023, under Sections- 498A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- T.P. Nagar, District- Meerut, on the basis of compromise.
4. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 04.03.2025 has also been entered into between them.
5. 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.
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. 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.
9. Office is directed to return the original deed of compromise which has been annexed at page-33 of the paper book to the
learned counsel for the applicants after retaining photocopy of the same.
Order Date :- 14.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad