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2025 DAILYLAW 8182 (ALL)

VAIBHAV YADAV AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/1496/2025 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42206 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1496 of 2025 Applicant :- Vaibhav Yadav And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Hemant Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Piyush Pandey on behalf of opposite party no. 2 is taken on record. 2. Heard Sri Hemant Kumar, learned counsel for the applicants, Sri Piyush Pandey, learned counsel for opposite party no.2 and Sri Uday Bhan, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 21.03.2023 and the entire criminal proceeding of Criminal Case No. 38 of 2024 (State Vs. Vaibhav & others) against applicants arising out of Case Crime No. 659 of 2022 u/s 498-A, 323, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Garhmukteswar, District- Hapur, pending before the learned court of Judicial Magistrate/Civil Judge (J.D.), Garhmukteswar, Hapur. 4. It is jointly submitted by learned counsel for the applicants and learned counsel for opposite party no.2 that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into settlement dated dated 17.07.2024. Copy of the same has been annexed as Annexure No.3 to the application. It is further submitted that the aforesaid settlement deed has already been filed before the court below and a request has been made that on the basis of the settlement deed, impugned proceedings may be quashed. 5. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid settlement deed is yet to be verified by the court below. 6. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the settlement deed dated 17.07.2024 after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid settlement deed, court below will permit the parties to obtain certified copy of the same. 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 settlement deed. Order Date :- 18.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad