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2025 DAILYLAW 30618 (ALL)

BANO v. STATE OF U.P. AND ANOTHER

A482/20093/2023 · 2025-05-04

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:71788 Court No. - 75 Case :- APPLICATION U/S 482 No. - 20093 of 2023 Applicant :- Bano Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Tewari,Sanjay Pathak Counsel for Opposite Party :- G.A.,Jeet Bahadur Singh Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sanjay Pathak, learned counsel for the applicant, Sri Jeet Bahadur Singh, learned counsel for opposite party no.2 and Sri Anish Kr. Upadhyay, learned A.G.A. for the State. 2. The instant application has been filed to quash the Charge-sheet No.Nil of 2022, cognizance order dated 24.12.2022, summoning order dated 10.01.2023, as well as the entire proceedings of Criminal Case No.01109 of 2014, under Sections 344, 363, 365, 366 and 120-B I.P.C., pending in the court of Chief Judicial Magistrate, Aligarh. 3. Learned counsel for the applicant submits that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and application for withdrawing the impugned proceedings has been filed before the Court of Chief Judicial Magistrate, Aligarh, a copy of the same has been annexed at page 8 to 13 to the supplementary affidavit dated 31.03.2024 filed by the counsel for opposite party no.2. It has been requested that the impugned proceedings may be quashed on the basis of compromise. 4. This matter was heard on 23.04.2025. On that date, this Court was not satisfied with the genuineness of the affidavit of the victim Muskan, therefore, this Court directed S.P., Bijnor to ensure presence of victim Muskan before this Court vide order dated 23.04.2025. 5. In compliance of that order, Sub-Inspector Anil Kumar and Ms. Manju Lata, Lady Constable, has produced the victim Muskan before this Court. 6. On query made, victim Muskan has submitted that she has willingly filed the affidavit before the court below for withdrawing the impugned proceedings. 7. In view of the above submission, the application is disposed of with direction to the Chief Judicial Magistrate, Aligarh to verify the aforesaid compromise after summoning the parties within a period of two months and after verification, the court below will dispose of the impugned proceedings in accordance with law. 8. For a period of two and a half month or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case. 9. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceedings on the basis of verified copy of compromise, if need arises. Order Date :- 5.5.2025 CS/- Digitally signed by :- CHANDAN SINGH High Court of Judicature at Allahabad