SAYYADE ALAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
A482/41115/2024 · 2025-03-17
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 109229 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 109229 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:39257 Court No. - 75 Case :- APPLICATION U/S 482 No. - 41115 of 2024 Applicant :- Sayyade Alam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Mishra,Jitendra Kumar Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Shri Anil Mishra, learned counsel for the applicants and Shri P.P. Tiwari, learned AGA for the State. 2. The instant application has been filed for quashing the charge- sheet dated 26.10.2023 as well as the entire proceedings of Case No.194 of 2024 (State v. Sayyad Alam and others), arising out of Case Crime No.0287 of 2023, under Sections 498-A, 323, 506 IPC and Sections 3/4 of Dowry Prohibition Act, 1961, P.S.- Dhoomanganj, District- Nagar (Commissionerate Prayagraj), pending in the court of learned ACJM-16, Allahabad, on the basis of compromise/notary affidavit dated 14.10.2024. 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 14.10.2024 is reduced in written compromise. Original copy of the compromise has been annexed at page 69 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Per contra, 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 applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below shall verify the same within a further period of two months after summoning the parties. 6. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. Office is directed to return the original deed of compromise annexed at Page-69 of the affidavit, to the counsel for the applicants, after retaining it's photocopy at the relevant place. 8.
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. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 18.3.2025 Rama Kant Digitally signed by :- RAMA KANT High Court of Judicature at Allahabad