PREMPAL ALIAS BABBU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/5708/2025 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21748 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21748 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43591 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 5708 of 2025 Applicant :- Prempal Alias Babbu And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rupendra Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rupendra Kumar Mishra, learned counsel for the applicants and Sri Pankaj Srivastava, learned A.G.A. for the State.
2. The present application has been filed to quash the charge-sheet no. 22 of 2019 dated 16.03.2019 as well as cognizance order dated 04.10.2019 passed by learned Additional Chief Judicial Magistrate, Court No.4, Moradabad as well as entire criminal proceeding of Case No. 8911 of 2019 (State Vs. Amarwati and others) arising out of Case Crime No. 386 of 2018 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Kundarki, District- Moradabad, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Moradabad, on the basis of compromise dated
02.01.2025.
3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated
02.01.2025. 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.
4. 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.
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 02.01.2025 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 :- 19.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad