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2025 DAILYLAW 105930 (ALL)

MUSHEER AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

A482/37943/2024 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:39273 Court No. - 75 Case :- APPLICATION U/S 482 No. - 37943 of 2024 Applicant :- Musheer And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ajeet Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Ajeet Kumar Srivastava, learned counsel for the applicants and Sri Raj Bahadur Verma, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Criminal Case No.16646 of 2023, State Vs. Musheer and others, arising out of Case Crime No.0038 of 2022, under Sections-498-A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Budaun, pending in the court of Civil Judge (J.D.)/FTC (Offence Against Women), Budaun, on the basis of compromise dated 19.02.2024 as well as chargesheet dated 26.12.2022 and cognizance order dated 14.07.2023. 3. Learned counsel for the applicants has submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 19.02.2024 is reduced in written compromise and also annexed at page 38 of the affidavit. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 19.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad