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2025 DAILYLAW 21178 (ALL)

RASHID ALI KHAN ND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5449/2025 · 2025-04-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:60761 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5449 of 2025 Applicant :- Rashid Ali Khan Nd 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Brijesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Brijesh Kumar Pandey, 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/set aside the charge-sheet no. 119 of 2024 dated 25.06.2024 arising out of Case Crime No. 175 of 2023 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Kotwali, District- Rampur as well as cognizance/ summoning order dated 03.01.2025 and also quash the entire proceeding of pending Case No. 19 of 2025, State Vs. Rashid Ali Khan and others, pending before Additional Chief Judicial Magistrate- Ist, Rampur, on the basis of compromise between the parties. 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 compromise has also been entered into between them. 4. Per contra, learned A.G.A. has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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