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2025 DAILYLAW 112559 (ALL)

MOHAMMAD MAUAZZAM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/44092/2024 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42246 Court No. - 75 Case :- APPLICATION U/S 482 No. - 44092 of 2024 Applicant :- Mohammad Mauazzam And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anwar Hussain Counsel for Opposite Party :- Anees Baig,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anwar Hussain, learned counsel for the applicants, Sri Anees Baig, learned counsel for opposite party no.2 and Sri Raj Bahadur Verma, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the charge-sheet dated 13.04.2021, cognizance and summoning order dated 28.07.2021 and entire proceedings of Criminal Case No. 8198 of 2021 (State Vs. Mohammad Mauazzam and others) arising out of Case Crime No. 388 of 2020 u/s 498-A, 323, 504, 506 I.P.C., Police Station- Rasulpur, District- Firozabad, pending before the court of Chief Judicial Magistrate, Firozabad, on the basis of compromise entered into between the applicants and opposite party no. 2. 3. It is jointly submitted by learned counsel for the applicants and learned counsel for opposite party no.2 that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 19.09.2024 has also been entered into between them. Copy of the same has been annexed at page 43 of the affidavit. 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. 4. 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. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 19.09.2024 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. 6. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 18.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad