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2025 DAILYLAW 22643 (ALL)

FARMAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6131/2025 · 2025-03-20

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42204 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6131 of 2025 Applicant :- Farman And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Jaideep Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Sri Shahrukh filed Vakalatnama on behalf of opposite party no.2, is taken on record. 2. Heard Sri Jaideep Pandey, learned counsel for the applicants, Sri Shahrukh, learned counsel for opposite party no.2 and Sri Ramesh Kumar, learned A.G.A. for the State. 3. The present 482 Cr.P.C. application has been filed to quash the entire proceeding of Case No. 42638 of 2023, State Vs. Farman and others pertaining to Case Crime No. 076 of 2023 u/s 498-A, 323, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station Mugalpura, District- Moradabad as well as the impugned charge- sheet dated 15.05.2023 along with the cognizance/summoning order dated 31.10.2023 pending before Civil Judge (S.D.) F.T.C./Additional Chief Judicial Magistrate, Moradabad in terms of compromise dated 8.10.2024 between the parties. 4. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated 8.10.2024. Copy of the same has been annexed as Annexure No.4 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. 5. 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. 6. 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 8.10.2024 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. 7. For a period of two months, no coercive action shall be taken against the applicant. 8. It is further provided that applicant is 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 :- 21.3.2025 Md Faisal Digitally signed by :- MOHD FAISAL High Court of Judicature at Allahabad