IMRAN ALIAS BALISTER AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/8444/2025 · 2025-04-27
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 29517 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 29517 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:65872 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8444 of 2025 Applicant :- Imran Alias Balister And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Mishra Counsel for Opposite Party :- Ashvanee Kumar Srivastav,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Supplementary affidavit filed today by learned counsel for the applicants is taken on record.
2. Heard Sri Vivek Mishra, learned counsel for the applicants, Sri Ashvanee Kumar Srivastava, learned counsel for the opposite party no. 2 and Ms Ruchi Mishra, learned State Law Officer for the State.
3. The present application has been filed to quash the entire proceedings of Case No. 42819 of 2022 (State vs. Imran alias Balister and others) in charge sheet dated 26.08.2021 as Charge Sheet arising out of Case Crime No. 870 of 2020, under Sections- 323, 498-A, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Gola, District- Gorakhpur.
4. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 17.02.2024 has also been entered into between them.
5. Per contra, learned AGA 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.
6. 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.
7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
8. 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.
9. 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 :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad