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2025 DAILYLAW 12719 (ALL)

MAHIPAL @ CHHOTU AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3875/2025 · 2025-03-19

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:41384 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3875 of 2025 Applicant :- Mahipal @ Chhotu And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deepak Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Shri Deepak Kumar Srivastava, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Case No.79/2020 CNR No. UP JB05000570/2019, arising out of Case Crime No.104/2018, under Sections 498A, 323, 504, 506 I.P.C., Police Station Amroha Dehat, District- J. P. Nagar. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 30.09.2022 is reduced in written compromise and also annexed as Annexure-4 to the affidavit. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. 6. 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. 7. 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. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 20.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad