PRASHANT AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16692/2025 · 2025-05-12
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57081 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57081 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:77824 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16692 of 2025 Applicant :- Prashant And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Madan Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Madan Singh, learned counsel for the applicants, Sri Vikas Narayan Rai, learned counsel for opposite party no.2 and Sri P. P. Tiwari, learned AGA for the State.
2. The present application has been filed to quash the summoning/ cognizance order dated 02.01.2025, charge sheet dated 06.09.2024 as well as entire proceedings of Case No.42/9 of 2025, State of U.P. Vs. Prashant and Others, arising out of Case Crime No.616 of 2024, under Sections- 115(2), 352, 85 B.N.S., 2023 and Section 3/4 Dowry Prohibition Act, 1961, Police Station- Civil Lines, District- Moradabad, pending in the court of CJM, Moradabad.
3. 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 24.04.2025 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. 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.
7. 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 :- 13.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad