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2025 DAILYLAW 109291 (ALL)

AJAJ AHMAD AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/42784/2024 · 2025-04-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:54810 Court No. - 75 Case :- APPLICATION U/S 482 No. - 42784 of 2024 Applicant :- Ajaj Ahmad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Anwar Hussain, learned counsel for the applicants, Shri Tariq, Advocate holding brief of Sri Anish Beg, learned counsel for the opposite party no. 2 and Shri K.K. Tiwari, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Criminal Case No.- 9614/2024 (State Vs. Ajaj Ahmad and 3 others) arising out of Case Crime No. 15/2024, under Sections 498A, 323, 504, 506 I.P.C. and Section 3/4 Muslim Women (Protection of Rights on Marriage) Act and Section 3/4 of the Dowry Prohibition Act, Police Station- Civil Lines, District- Moradabad and charge sheet dated 09.04.2024 and summoning order dated 29.07.2024. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law. 6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants. 7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 11.4.2025 Virendra Digitally signed by :- VIRENDRA KUMAR BHARTEEY High Court of Judicature at Allahabad