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2025 DAILYLAW 191533 (ALL)

SHARIK @ SHAHRUKH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/38380/2025 · 2025-10-06

body2025

Judgment text

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HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 38380 of 2025 Court No. - 79 Sl. No. 28 HON'BLE ANISH KUMAR GUPTA, J. 1. Heard Mohd. Zaid, learned counsel for the applicants, Shri Obaidur Rahman Khan, learned counsel for the opposite party no. 2 and Ms. Kirti Singh, learned AGA for the State. 2. The instant application under section 528 BNSS has been filed seeking quashing of the entire criminal proceedings of Case No. 57462 of 2022 (State Vs. Chandni and others) arising out of Case Crime No. 361 of 2022 under sections 498-A, 376, 377, 323, 504 and 506 IPC and under section 3/4 of Dowry Prohibition Act 1961 and section 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019 police station Kanth District Moradabad and charge sheet No. 327 of 2022 dated 19.11.2022 and charge sheet no. 327A of 2022 dated 22.5.2023 as well as the cognizance Order and Summoning Order dated 30.11.2022 under sections 498-A, 323, 504, 506 IPC and under section 3/4 of Dowry Prohibition Act, 1961 and Section 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019 against the applicant no. 1 and under sections 498-A, 323, 504 and 506 IPC and under section 3/4 Dowry Prohibition Act, 1961 against the applicants no. 2,3 and 5 and under sections 498-A, 376, 323, 504 and 506 IPC and section 3/4 of Dowry Prohibition Act, 1961 against the applicant no. 4 and also NBW dated 7.1.2025 passed by the Addl. Chief Judicial Magistrate, Court No. 2 District Moradabad on the basis of compromise deed dated 14.8.2024 executed between the parties. Versus Counsel for Applicant(s) : Krishna Kumar Mishra, Mohd. Zaid Counsel for Opposite Party(s) : G.A., Obaidur Rahman Khan Sharik @ Shahrukh And 4 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s) 3. At the very outset learned counsel for the applicants seeks to withdraw the instant application with liberty to file fresh application. 4. Accordingly, the instant application is dismissed as withdrawn with the aforesaid liberty. October 7, 2025 o.k. NA528 No. 38380 of 2025 2 (Anish Kumar Gupta,J.) Digitally signed by :- OM KRISHNA CHOUDHARY High Court of Judicature at Allahabad