FAKURUDDIN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/3537/2025 · 2025-04-20
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 13478 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 13478 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:64344 Court No. - 75 Case :- APPLICATION U/S 482 No. - 3537 of 2025 Applicant :- Fakuruddin And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najam Uz Zaman Khan,Sajid Razi Counsel for Opposite Party :- G.A.,Kanhaiya Lal Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sajid Razi, learned counsel for the applicants, Sri Kanhaiya Lal, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding initiated on the basis of charge-sheet dated 21.07.2018 submitted by Police Station- Mahila Thana, District- Aligarh as well as cognizance/summoning order dated 18.01.2019 passed by Addl. Chief Judicial Magistrate, Court No. 8, Aligarh upon the said charge sheet arising out from Case Crime No. 25 of 2018 u/s 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, pending before Civil Judge/FTC Court No.1, Aligarh as Case No. 64 of 2019 (State Vs. Fakruddin and others). 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 24.10.2024 has also been entered into between them. Copy of the same has been annexed at Annexure No.4 to the application. 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 24.10.2024 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8.
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 :- 21.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad