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2025 DAILYLAW 8179 (ALL)

NAVNEET UPADHYAYA AND ANOTHER v. STATE OF U.P. AND 2 OTHERS

A482/2114/2025 · 2025-04-09

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52460 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2114 of 2025 Applicant :- Navneet Upadhyaya And Another Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Bindeshwari Prasad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri M.P. Singh, Advocate, holding brief of Sri Bindeshwari Prasad, 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 entire proceeding of Criminal Case No.5667 of 2023, arising out of crime no.298 of 2014, u/s 498-A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station-Subhash Nagar, District-Bareilly, pending before the court of JSCC/Additional Chief Judicial Magistrate, Bareilly as well as chargesheet no.30/2015 dated 22.02.2015. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 30.11.2024. Copy of the same has been annexed as Annexure No.3 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. 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. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 10.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad