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2025 DAILYLAW 107192 (ALL)

MUNSAIDI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/38888/2024 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50666 Court No. - 75 Case :- APPLICATION U/S 482 No. - 38888 of 2024 Applicant :- Munsaidi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anjani Kumar Shukla,Mohd. Arshad Counsel for Opposite Party :- G.A.,Prakash Chand Srivastava Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Mohd. Arshad, learned counsel for the applicants, Shri Prakash Chand Srivastava, learned counsel for the opposite party no. 2 and Sri P. P. Tiwari, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Case No.27908/2023, arising out of Case Crime No. 0132/2023, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act and 3/4 The Muslim Women (Protection of Rights on Marriage) Act 2019, P.S.- Jani, District- Meerut and charge sheet dated 11.08.2023 and cognizance order dated 20.11.2023. 3. Learned counsel for the applicants 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 01.10.2024 is reduced in written compromise. 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. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 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. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law. 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 :- 8.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad