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2025 DAILYLAW 13442 (ALL)

HASAN ALIAS MOHD. HASAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/3104/2025 · 2025-03-16

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:37467 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 3104 of 2025 Applicant :- Hasan Alias Mohd. Hasan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Amir Khan Counsel for Opposite Party :- G.A.,Raees Ahmad Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Amir Khan, learned counsel for the applicants, Shri Raees Ahmad, learned counsel for the opposite party no. 2 and Shri P. P. Tiwari, learned A.G.A. for the State and perused the record. 2. The present application has been filed to quash the charge sheet dated14.07.2024 and cognizance order dated 11.09.2024 as well as entire criminal proceeding in Criminal Case No. 3614/2024, arising out of Case Crime No. 156/2024, under Sections 498-A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S.- Sahaswan, District- Budaun, pending in the court of learned Judicial Magistrate, Sahaswan, Budaun. 3. It is jointly submitted by learned counsel for the applicant as well as learned counsel for opposite party no. 2 that dispute between the parties is matrimonial in nature and now parties have settled their dispute amicably and written compromise dated 09.12.2024 has also been entered between them, copy of same has been annexed as Annexure 5 to the affidavit. It is further submitted that original deed of compromise has already been filed before the court below. A further request is made by both the parties that on the basis of compromise deed, this application may be dispose of. 4. Learned counsel for opposite party no. 2 did not dispute the aforesaid fact. However, learned A.G.A. has submitted that the aforesaid compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and the court below may terminate the impugned proceeding on the basis of verified compromise in accordance with law. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants. 7. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 17.3.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad