Applicant :- Rupesh And 5 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicants and learned A.G.A. for the State.

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The present 482 Cr.P.C. application has been filed to quash the impugned chargesheet dated 19.07.2022 as well as entire proceedings of Criminal Case No.725 of 2023 arising out of Case Crime No.151 of 2022 (State vs. Rupesh and others), under Sections 498A, 323, 504, 506, 354 I.P.C, I 3/4 Dowry Prohibition Act, Police Station- Bhojpur, District- Moradabad, pending in the court of Judicial Magistrate, Thakurdwara, Moradabad.

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Learned counsel for the applicants submits that applicant no.1 is husband of opposite party no.2 and both of them are living separately. On account of compromise, proceeding under section 125 Cr.P.C. and divorce proceeding have been withdrawn. Instant application has been filed to quash the proceeding in terms of compromise entered between the parties. Compromise application dated 09.05.2023 has been filed as Annexure 3 to the application.

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Learned AGA does not dispute the correctness of the fact.

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Accordingly, it is provided that the parties shall appear before the court below along with a certified copy of this order and compromise deed on the next date fixed. It is, therefore, expected that the trial court may fix a date for the verification of the compromise entered into between the parties and pass an appropriate order to that effect within next four weeks. It shall be open to the applicants to file a fresh application U/S 482 at that stage for the relief sought herein.

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In view of the above, the present application is disposed of.

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For a period of five weeks, no coercive measure shall be taken against the applicants.

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Order Date :- 9.11.2023 SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Rupesh and 5 Others v. State of U.P. and Another

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Rupesh and 5 Others v. State of U.P. and Another

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