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2025 DAILYLAW 66079 (ALL)

DINESH SAINI AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/47411/2023 · 2025-04-16

Arun Kumar Singh Deshwal

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Judgment text

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Neutral Citation No. - 2025:AHC:59398 Court No. - 75 Case :- APPLICATION U/S 482 No. - 47411 of 2023 Applicant :- Dinesh Saini And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Krishna Kant Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Krishna Kant Shukla, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned chargesheet no.29/2018 dated 13.07.2011 and summoning order dated 14.8.2023 passed by Civil Judge (J.D.)/F.T.C., Crime Against Women, Moradabad as well as entire proceeding of Crl. Case No.8931 of 2018, arising out of case crime no.30 of 2011, u/s 498-A, 323 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Moradabad. 3. The contents of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute through compromise dated 05.09.2023. He further submits that the parties have also filed compromise before the court below on 20.11.2023. The copy of the order taking the compromise on record has also been annexed at page 37 to the application. 4. This Court by order dated 26.2.2024 directed the parties to appear before the court below and file compromise. The further direction to court below to verify the aforesaid compromise and submit its report in pursuance of order of this Court, Civil Judge (J.D.)/F.T.C., Crime Against Women, Moradabad has submitted its report dated 12.4.2024 mentioning therein that parties have not filed fresh compromise in compliance of order dated 26.2.2024 and for that compromise could not be verified. 5. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 6. Be that may be as the compromise has already been filed by the parties before the court below on 20.11.2023 and same is available on record before the court below, therefore, court below is directed to verify the aforesaid compromise within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, 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. With the aforesaid direction, the present application is disposed of. Order Date :- 17.4.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad