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2025 DAILYLAW 23076 (ALL)

SHAHNAWAZ AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/6466/2025 · 2025-05-04

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72600 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 6466 of 2025 Applicant :- Shahnawaz And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anoop Kumar Mishra,Pradhumn Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pradhumn Kumar Pandey, learned counsel for the applicants and Ms. Ruchi Mishra, learned State Law Officer for the State. 2. The present 528 BNSS application has been filed to quash the charge sheet dated 30.05.2019 along with Summoning order dated 11.10.2019 and the entire criminal proceedings of Case no.6950/9 of 2019 (State vs. Shahnawaz and Others), arising out of Case Crime No.145 of 2019, under Sections 498-A, 323, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Brahmpuri, District- Meerut, pending in the court of ACJM, Court No.7, Meerut, in pursuance of compromise deed dated 12.02.2024. 3. From the perusal of record, it appears that this Court considering the fact that parties have settled their dispute amicably and a written compromise has also been entered into between the parties, directed the court below vide order dated 27.02.2025 to verify the compromise and submits its report to this court. 4. However, from the perusal of report of ACJM, Court No.7, Meerut dated 25.04.2025, it is clear that compromise could not be verified because none of the parties appeared before the court below to verify the compromise. 5. Learned counsel for the applicants has submitted that some more time may be granted to the parties to appear before the court below. 6. In view of the above, the present application is disposed of with direction to the parties to appear before the court below within a further period of 15 days for verification of compromise. In case, parties appear before the court below within the aforesaid period, the court below will verify the compromise after summoning the parties within a period of one month from the date of receiving the copy of compromise. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. 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 :- 5.5.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad