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Neutral Citation No. - 2025:AHC:67421 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 43963 of 2024 Applicant :- Muneer Ahmad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Tauseef Khan,Waseem Akram Counsel for Opposite Party :- G.A.,Lihazur Rahman Khan Hon'ble Arun Kumar Singh Deshwal,J. Ref: Criminal Misc. Amendment Application No.1 of 2025
1. Application is allowed.
2. Necessary amendments may be carried out by learned counsel for the applicant, during the course of the day.
Order on Application:
3. Heard Sri Waseem Akram, learned counsel for the applicant, Sri Lihazur Rahman Khan, learned counsel for opposite party no.2 and Sri Satish Kumar Shukla, learned A.G.A. for the State.
4. The present application has been filed to quash the summoning order dated 05.09.2022 passed in Criminal Case No.1078 of 2022, Crime No.389 of 2020, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Maudaha, District-Hamirpur, pending in the court of learned Civil Judge (J.D.), Maudaha, Hamirpur.
5. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 06.11.2024. Copy of the same has been annexed as Annexure No.3 to the application. It is further submitted that the aforesaid compromise has already
been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed.
6. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below.
7. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.
8. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
9. For a period of two months, no coercive action shall be taken against the applicant.
10. It is further provided that applicant is at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 30.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad