NOOR HASAN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/4832/2025 · 2025-03-20
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17227 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17227 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42214 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 4832 of 2025 Applicant :- Noor Hasan And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ehtesham Afsar Khan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Sri V. P. Rai, Advocate filed Vakalatnama on behalf of opposite party no.2, is taken on record. 2. Heard Sri Ehtesham Afsar Khan, learned counsel for the applicants, Sri V. P. Rai, learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 3083 of 2020 (Old Case), (New Case No.1109 of 2023), State Vs. Noor Hasan and others pertaining to Case Crime No. 307 of 2016 u/s 498-A, 323, 506, 494 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Meerganj, District- Bareilly as well as the impugned charge-sheet dated 3.4.2018 along with the cognizance order dated 4.3.2020 pending in the Court of Chief Judicial Magistrate/Additional Civil Judge (S.D.), Court No.2, Bareilly in terms of compromise dated 22.8.2023 between the parties. 4. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated 22.8.2023. Copy of the same has been annexed as Annexure No.3 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. 5. 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. 6. 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 22.8.2023 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. 7. For a period of two months, no coercive action shall be taken against the applicant. 8.
It is further provided that applicant is 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 :- 21.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad