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2025 DAILYLAW 26909 (ALL)

JABAR SINGH ALIAS TINKU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/7735/2025 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43586 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7735 of 2025 Applicant :- Jabar Singh Alias Tinku And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pawan Kumar,Toofan Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Toofan Singh, learned counsel for the applicants and Sri Mohd. Shoeb Khan, learned A.G.A. for the State. 2. The present application has been filed to set-aside/quash the impugned cognizance and summoning order dated 03.03.2021 passed by Civil Judge (J.D.)/ Judicial Magistrate, Jalaun in Criminal Case No. 84 of 2021 (State of U.P. Vs. Jabar Singh @ Tinku and others) arising out of Case Crime No. 143 of 2020 u/s 498-A, 323 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Rampura, District- Jalaun, on the basis of compromise dated 13.01.2025 and quash the impugned charge-sheet no. 01 of 2020 dated 28.11.2020, pending in the court of Civil Judge (J.D.)/ Judicial Magistrate, Jalaun. 3. Learned counsel for the applicants has submitted that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 13.01.2025 has also been entered into between them. Copy of the same has been annexed as Annexure No.5 to the application. 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, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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 of BNSS, 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