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Neutral Citation No. - 2025:AHC:37999 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8586 of 2025 Applicant :- Parvez And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Belal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Mohammad Belal, learned counsel for the applicants and Sri Anish Kumar Upadhyay, learned AGA for the State. 2. The instant application has been filed for quashing the cognizance order dated 29.06.2015 as well as entire charge sheet dated 04.06.2015 passed in Case No.5807 of 2015, arising out of Case Crime No.450 of 2015, under Sections 498A, 506 I.P.C. and 3/4 D.P. Act, Police Station Hapur Nagar, District Hapur, pending in the court of Chief Judicial Magistrate, Hapur. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 21.01.2021 is reduced in written compromise and also annexed at page 49 of the affidavit. He further submitted that the proceeding under Section 125 Cr.P.C. filed by the daughter of opposite party no.2 has also been withdrawn on the basis of compromise, Therefore, it has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 5. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 18.3.2025 A.Kr.
Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad