MOHD ARIF AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/7878/2025 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27393 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27393 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43865 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 7878 of 2025 Applicant :- Mohd Arif And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahmudul Hasan Counsel for Opposite Party :- G.A.,Mohd Sakib,Sagheer Ahmad Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mahmudul Hasan, learned counsel for the applicants, Sri Mohd Sakib, learned counsel for the opposite party no. 2 and Sri Mohd. Shoeb Khan, learned A.G.A. for the State. 2. The present application has been filed to quash the charge-sheet dated 27.01.2020 in Case Crime No. 253/2019 u/s 498-A, 323, 506 I.P.C. & Section 3/4 Dowry Prohibition Act, Police Station- Kotwali, District- Kanpur Nagar, and summoning order/cognizance dated 27.02.2020 passed by Chief Metropolitan Magistrate, Kanpur Nagar and entire proceeding in Case No. 7861/2020, pending in the court of Chief Metropolitan Magistrate, Kanpur Nagar. 3. It is jointly submitted by learned counsel for the applicants and learned counsel for the opposite party no. 2 that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 07.08.2020 has also been entered into between them. Copy of the same has been annexed as Annexure No.6 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 07.08.2020 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 Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad