DILSHAD @ DILSHAD AHAMAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/40075/2024 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 108365 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 108365 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:38468 Court No. - 75 Case :- APPLICATION U/S 482 No. - 40075 of 2024 Applicant :- Dilshad @ Dilshad Ahamad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rama Pati Tripathi Counsel for Opposite Party :- G.A.,Govind Prasad Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rama Pati Tripathi, learned counsel for the applicants, Shri Govind Prasad, learned counsel for opposite party no. 2, Shri Sheetala Prasad, learned State Law Officer for the State and perused the record.
2. The present 482 Cr.P.C. application has been filed to quash the charge sheet dated 23.11.2023 and cognizance order dated 20.01.2024 as well as the entire proceedings of Case No.4998 of 2024 (State vs. Dilshad and others), arising out of Case Crime No.0123 of 2023, under Sections 498A, 323 IPC, Police Station-Gwaltoli, District Kanpur Nagar (Central Commissionerate Kanpur Nagar), pending before the court concerned on the basis of compromise.
3. From the perusal of order sheet, it appears that this Court vide order dated 02.12.2024 directed to court below to verify the compromise entered between the parties. As the dispute between is matrimonial in nature. As per report of court below dated 03.01.2025, copy of the compromise has not been filed before the court, for that reason, compromise could not be verified.
4. However, learned counsel for the applicant as well as learned counsel for opposite party no. 2 submitted that they have filed compromise before the court below.
5. In view of the above, present application is disposed of with direction to learned court below, if any compromise has been
filed before him, the same shall be verified after summoning the parties within a period of one month from the date of receipt of copy of the order. For a period of one month, no coercive action shall be taken against the applicants in the aforesaid case.
6. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 18.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad