MIRZA SHAFIQ HUSAIN SHAFAQ AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/9457/2025 · 2025-03-23
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 30296 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 30296 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:42508 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9457 of 2025 Applicant :- Mirza Shafiq Husain Shafaq And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umang Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Ms Neetu Pal, Advocate, holding brief of Sri Umang Srivastava, learned counsel for the applicants, Sri Gaurav Kumar Singh, learned counsel for opposite party no.2 (upon appearance filed today) and Sri Sunil Kumar Kushwaha, learned A.G.A. for the State. 2. The present 482 Cr.P.C. application has been filed to quash the summoning order dated 24.10.2021 passed by the Additional Chief Judicial Magistrate, Court No.7, Prayagraj in Case No.687 of 2021, State Vs. Mirza Shafiq Hussain Shafaq and another as well as chargesheet no.44 of 2021 dated 18.01.2021, u/s 498-A, 323, 377, 313, 494 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Khuldabad, District-Prayagraj, arising out of First Information Report dated 18.04.2020 bearing case crime no.0078 of 2020. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated 17.02.2025. Copy of the same has been annexed as Annexure No.5 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 aforesaid compromise 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 :- 24.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad