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Neutral Citation No. - 2025:AHC:38102 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8623 of 2025 Applicant :- Anas And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey, Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Anand Prakash Dubey, learned counsel for the applicants and Sri Ramesh Kumar, learned AGA for the State. 2. The instant application has been filed for quashing the entire proceeding including the charge sheet dated 11.01.2025 and the cognizance order dated 04.02.2025 passed in Case No.121 of 2025, arising out of Case Crime No.310 of 2024, under Sections 85, 115(2), 351(2), 351(3) of BNSS and 3/4 D.P. Act, Police Station Sarurpur, District Meerut, pending in the court of Judicial Magistrate, Sardhana, Meerut. 3. Learned counsel for the applicants submitted that the 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 13.01.2025 is reduced in written compromise and also annexed at page 58 of the affidavit. He further submitted that the aforesaid compromise has not been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. Though this fact is not 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 applicant is 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 and half 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