VINOD PANDEY AND ANOTHER v. STATE OF U.P. AND ANOTHER
A482/2058/2025 · 2025-04-27
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9881 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9881 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:65879 Court No. - 75 Case :- APPLICATION U/S 482 No. - 2058 of 2025 Applicant :- Vinod Pandey And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Indu Kant Pandey,Ranjan Krishna Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Ranjan Krishna Pandey, learned counsel for the applicants, Sri Vinay Kumar Pandey, learned counsel for the opposite party no. 2 and learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Case No. 38210 of 2021 (State vs. Vinod Pandey and another), arising out of Case Crime No. 197 of 2021, under Sections- 498-A, 323, 506, 325 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Bhelupur, District- Varanasi, pending in the Court of Special Chief Judicial Magistrate, Varanasi.
4. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 21.01.2022 has also been entered into between them.
5. 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.
6. 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.
7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
8. 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.
9. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad