Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41047 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3497 of 2025 Applicant :- Shahzad And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Fazil,Salman Ahmad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mohammad Fazil, learned counsel for the applicants and Ms. Harshita Rani, learned A.G.A. for the State. 2. The present application has been filed to quash the impugned order dated 06.09.2024 passed by learned Judicial Magistrate, Thakurdwara, Moradabad and the impugned charge-sheet dated 21.05.2024 in Case No. 1298/2024, "State Vs. Shahzad and others" arising out of Case Crime No. 116 of 2024, under Sections- 498-A, 323, 504, 506 I.P.C. read with Section 3/4 Dowry Prohibition Act, Police Station- Bhojpur, District- Moradabad, and the entire proceedings of Case No. 1298/2024, pending before the court of learned Judicial Magistrate, Thakurdwara, Moradabad in the terms of compromise. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 07.12.2024 has also been entered into between them. Copy of the same has already been annexed as Annexure No.4 to the application. 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. 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. 6. It is further provided that for a period of two and a half 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 :- 18.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad