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Neutral Citation No. - 2025:AHC:38169 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6230 of 2025 Applicant :- Alataf And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shan Md Counsel for Opposite Party :- G.A.,Mohammad Abid Ali Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shan Md, learned counsel for the applicants, Sri Ahmad Siddiqui, Advocate, holding brief of Sri Mohammad Abid Ali, learned counsel for opposite party no.2 and Sri Raj Bahadur Verma, learned A.G.A. for the State. 2. The present application has been filed to quash the entire criminal proceedings of Case No. 57121 of 2022 arising out of Case Crime No. 24 of 2021, under Sections- 498-A, 323 I.P.C. along with charge-sheet no. 191/2021 dated 23.08.2021 and cognizance order dated 10.10.2022, Police Station- Mainather, District- Moradabad, pending before court of learned A.C.J.M., Court No. 03, Moradabad, in pursuance of compromise dated 13.12.2024. 3. It is jointly submitted by learned counsel for the applicants as well as opposite party no. 2 that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 13.12.2024 has also been entered into between them. Copy of the same has been annexed as Annexure No. 4 to the application. It is further submitted that original deed of 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. 4. Per contra, learned A.G.A. has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below. 5. 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 13.12.2024 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. 6. For a period of two months, no coercive action shall be taken against the applicants. 7. 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 :- 17.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad