IKHLAQ AHMAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4142/2025 · 2025-03-31
Arun Kumar Singh Deshwal
Transfer Petitionbody2025
DailyLaw.ai
[ 2025 DAILYLAW 16872 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 16872 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:44694 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4142 of 2025 Applicant :- Ikhlaq Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Shri Ajai Kumar Srivastava, learned counsel for the opposite party no. 2 today in the Court, is taken on record.
2. Heard Shri Sanjay Srivastava, learned counsel for the applicants, Shri Ajai Kumar Srivastava, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State.
3. The instant application has been filed to quash the entire proceedings of Case No.39881/2024, arising out of Case Crime No. 79/2023, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Rawatpur, District- Kanpur Nagar and charge sheet dated 21.11.2023 and cognizance order dated
23.04.2024.
4. 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 07.12.2024 is reduced in written compromise. 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.
5. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise.
6. 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. After verification of the aforesaid compromise, court below may dispose of 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. Order Date :- 1.4.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad