SHAHAZAD KHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
A482/20233/2019 · 2025-02-26
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 27471 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 27471 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:27706 Court No. - 77 Case :- APPLICATION U/S 482 No. - 20233 of 2019 Applicant :- Shahazad Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Nishad,Rishikesh Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rajesh Kumar Nishad, learned counsel for applicants, Sri Ravi Kant Shukla, learned Advocate holding brief of Sri Mohd. Nasir, learned counsel for opposite party no.2 as well as Sri P.P. Tiwari, learned AGA for the State. 2. The present application has been filed seeking quashing of charge sheet dated 28.12.2018 as well as entire criminal proceedings of Criminal Case No.326/ix/19 (in Case Crime No.32 of 2018) (State Vs. Shahzad Khan and others), under Sections 498- A, 323, 504, 506 IPC read with Section 3/4 D.P. Act, Police Station Mahila Thana, District Banda, pending before the court of learned Additional Chief Judicial Magistrate, Banda. 3. Facts giving rise to the present controversy is that opposite party no.2 is wife of applicant no.1 and matrimonial discord between them culminated into impugned proceeding. 4. This matter was heard on 25.01.2019. On that date, application on behalf of applicant no.1 was dismissed by this Court and protection was granted to applicant nos.2 to 5. 5. Learned counsel for applicants and learned counsel for opposite party no.2 jointly submitted that now the parties have settled their dispute amicably and written compromise dated 18.02.2025 has also been entered into between them. A copy of the same has been annexed at page no.7 of the supplementary affidavit dated
20.02.2025. It is further submitted that on the basis of compromise, opposite party no.2 has also withdrawn the proceeding under Section 125 (3) Cr.P.C. on 14.12.2024. A further request has been made that the impugned proceeding may be quashed on the basis of aforesaid compromise. 6. Per contra, learned AGA has raised preliminary objection that the aforesaid compromise is to be verified by the court below. 7. In view of the above, present application is disposed of with direction that the applicants will file original deed of compromise before the court below, within a period of fifteen days. 8. In case, the applicants file original deed of compromise, the court below is directed to verify such compromise after summoning the parties. 9.
The aforesaid exercise of verification shall be completed within a period of one month and for a period of one and half month, no coercive action shall be taken against the applicants in respect of the aforesaid case. 10. It is further provided that the applicants will be at liberty to file a fresh application under Section 528 B.N.S.S. to quash the impugned proceeding on the basis of verified copy of compromise. 11. It is further directed that the court below on the basis of verified compromise, may terminate the impugned proceedings. 12. With the aforesaid directions, the application is disposed of. Order Date :- 27.2.2025 Atul Digitally signed by :- ATUL KUMAR SRIVASTAVA High Court of Judicature at Allahabad