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2025 DAILYLAW 27084 (ALL)

SURESH v. STATE OF U.P. AND ANOTHER

NA528/7674/2025 · 2025-03-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:38324 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7674 of 2025 Applicant :- Suresh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Najakat Ali Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Najakat Ali, learned counsel for the applicant and Sri Pankaj Srivastava, learned A.G.A. for the State. 2. The instant application has been filed seeking quashing of the entire proceeding of Case No. 125 of 2023, arising out of case crime No. 3 of 2023, under Sections 498A, 323, 506 IPC and Section 3/4 D.P. Act, P.S. Bhot, District Rampur. 3. Contention of learned counsel for the applicant is that the dispute is matrimonial in nature and now the parties have settled their dispute amicably and a written compromise dated 14.10.2024 has also entered into between the parties. Original deed of compromise is annexed at page No. 49 of the paper book. It is further submitted that the aforesaid compromise is yet to be filed before the court below. 4. Learned A.G.A. submits that unless the aforesaid compromise is verified, the impugned proceeding cannot be quashed. 5. Considering the aforesaid facts and circumstances, the application is disposed of with a direction to the applicant to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicant, the court below will verify the said compromise after summoning the parties within a period of next two months. 7. For a period of two and a half months or till verification of the compromise, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 8. Parties are at liberty to file fresh application u/s 528 B.N.S.S. to quash impugned proceeding on the basis of verified compromise. 9. Office is directed to return the original deed of compromise to the counsel for the applicant, annexed at page No. 49 of the paper book, after retaining photocopy of the same on record. Order Date :- 18.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad