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2025 DAILYLAW 14899 (ALL)

WASIM AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/4310/2025 · 2025-04-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60703 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4310 of 2025 Applicant :- Wasim And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,G.A.,Prashant Kumar Dubey Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Anand Prakash Dubey, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding including charge-sheet dated 15.12.2019 and learned court below has taken cognizance on 11.09.2020 in Case No. 6209 of 2020 (State Vs. Wasim and others) registered with Case Crime No. 612 of 2018 u/s 498-A, 323, 504, 506, 342 I.P.C. against the applicant no.1, u/s 498-A, 323, 504, 506, 376, 342 I.P.C. against the applicant no.2, u/s 376(D), 342 I.P.C. against the applicant no.6, u/s 323, 376(D), 506 I.P.C. against the applicant no.3, u/s 498-A, 323, 342, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Brahmpuri, District- Meerut, pending before Additional Chief Judicial Magistrate, Court No.7, Meerut, on the basis of compromise between both parties on 31.08.2024. 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 31.08.2024 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 31.08.2024 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