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2025 DAILYLAW 12563 (ALL)

BUNDDU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/3397/2025 · 2025-04-15

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:56503 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 3397 of 2025 Applicant :- Bunddu And 3 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Abhishek Mishra Counsel for Opposite Party :- G.A.,Prabhat Tripathi Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Abhishek Mishra, learned counsel for the applicants and Sri Harsh Kumar Mishra, Advocate holding brief of Sri Prabhat Tripathi, learned counsel for opposite party no.2 and learned AGA for the State. 2. The present application has been filed to quash the charge sheet dated 13.7.2007 and cognizance/summoning order dated 30.8.2007entire proceedings of Case No.115 of 2007 (State vs. Bundu Khan and others), arising out of case crime no.264 of 2007, under Sections-498A, 307 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Harduaganj, District-Aligarh, pending in the court of learned Judicial Magistrate-Ist. 3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise dated 9.1.2025. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law. 7. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 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. 10. Office is directed to return the original deed of the compromise annexed at page no.59 to the learned counsel for the applicants, after retaining the photocopy of the same. Order Date :- 16.4.2025 Ujjawal Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad Digitally signed by :- UJJAWAL High Court of Judicature at Allahabad