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2025 DAILYLAW 21423 (ALL)

MOHD. ASIF AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/5909/2025 · 2025-05-14

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:80669 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 5909 of 2025 Applicant :- Mohd. Asif And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Deeksha Gupta,Siddharth Srivastava Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Supplementary affidavit filed today is taken on record. 2. Heard Shri Siddharth Srivastava, learned counsel for the applicants and Sri S.K. Singh, learned AGA for the State- respondent. 3. This application under Section 482 Cr.PC. has been filed by the applicants to quash the impugned summoning order dated 31.10.2023 passed by learned Additional Civil Judge (Junior Division) Judicial Magistrate Third, Jaunpur as well as entire proceedings Complaint Case No. 1009 of 2022 (Nasreen Bano Vs. Mohd Asif and others), under Sections 498-A, 506, 323 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station- Shahganj, District- Jaunpur, pending in the court of learned Additional Civil Judge (Junior Division) Judicial Magistrate- Third, Jaunpur. 4. Learned counsel for the applicants submits that the parties have themselves compromised out of the Court on 17.02.2025 (Annexure-SA-6 at page 8) and onwards reference whereof has been made in paragraph no. 2 of the supplementary affidavit of the application. He submits that the compromise application has been filed before the court below and interregnum period, subject to verification, in the meantime, till the verification is done, protection be accorded. 5. Learned AGA on the other hand submits that he has no objection to the same. 6. Considering the submissions of the rival parties as well as stand taken by them, the application stands disposed of directing the applicants to approach the Court of learned Additional Civil Judge (Junior Division) Judicial Magistrate- Third, Jaunpur while filing a self-attested copy of the present application and certified copy of the order by 30.05.2025. 7. On the receipt of the same, the court below shall verify the compromise so filed by the parties and shall conclude the process for verification within a period of two months. 8. Till the disposal of the compromise application, no coercive action shall be taken against the applicants in pursuance of the impugned summoning order dated 31.10.2023 passed by learned Additional Civil Judge (Junior Division) Judicial Magistrate Third, Jaunpur as well as entire proceedings Complaint Case No. 1009 of 2022 (Nasreen Bano Vs. Mohd Asif and others), COUnder Sections 498-A, 506, 323 of the I.P.C. and Section 3/4 of the Dowry Prohibition Act, Police Station- Shahganj, District- Jaunpur, pending in the court of learned Additional Civil Judge (Junior Division) Judicial Magistrate- Third, Jaunpur. 9. In the event of default of any of the conditions by the applicants as referred to above, the interim protection shall stand vacated without reference to the Bench. 10. It is always open for the applicants to take legal recourse, subject to the fate of the outcome of the compromise application. Order Date :- 15.5.2025 A. Prajapati Digitally signed by :- ASHUTOSH KUMAR PRAJAPATI High Court of Judicature at Allahabad