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2025 DAILYLAW 84582 (ALL)

ASHWANI MISHRA AND 2 OTHERS v. State of U.P. AND ANOTHER

A482/25747/2024 · 2025-05-15

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81733 Court No. - 75 Case :- APPLICATION U/S 482 No. - 25747 of 2024 Applicant :- Ashwani Mishra And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mayank Upadhyay,Shiv Sagar Singh Counsel for Opposite Party :- Avinash Kumar Dixit,G.A.,Nagendra Kumar Tripathi Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mayank Upadhyay, learned counsel for the applicants, Sri Nagendra Kumar Tripathi, learned counsel for opposite party no.2 and Sri P.P. Tiwari, learned A.G.A. for the State. 2. The present application has been filed to quash the charge-sheet no.01 dated 29.03.2023, cognizance order dated 22.04.2024 and entire proceedings of Crl. Case No.552 of 2024, arising out of Case Crime No.211 of 2022 (State Vs. Ashwani Mishra and others), under Sections 498A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Bansgaon, District- Gorakhpur, pending before the Additional Chief Judicial Magistrate, Bansgaon, District Gorakhpur. 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 01.03.2025. 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 :- 16.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad