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2025 DAILYLAW 30918 (ALL)

SYED KHALID HUSAIN @ KHALID HUSAIN v. STATE OF U.P. AND 2 OTHERS

NA528/9836/2025 · 2025-03-25

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:44179 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9836 of 2025 Applicant :- Syed Khalid Husain @ Khalid Husain Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Syed Faiz Hasnain Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. List has been revised. 2. No one appears on behalf of the applicant whereas learned A.G.A. is present. 3. It is informed by learned A.G.A. that the Bar Association of Allahabad High Court has passed a resolution that all members of Bar will abstain from judicial work today. 4. The present application has been filed to quash the entire proceedings of Criminal Case No. 1006 of 2024 (Computer No. 13794 of 2024) (State Vs. Syed Khalid Husain & others) arising out of Case Crime No. 151 of 2023 u/s 498-A, 323, 504, 427, 354 I.P.C. and Section 3/4 of Dowry Prohibition Act and Section 3/4 of Muslim Women Protection of Rights on Marriage Act, 2019, Police Station- Mughalpura, District- Moradabad, pending in the court of Additional Chief Judicial Magistrate, Court No. 01, Moradabad on the basis of compromise deed/Talaqnama arrived at between the applicant (husband) and opposite party no. 3 (wife) to meet the ends of justice. 5. From perusal of record, it appears that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a compromise deed dated 01.08.2023 has also been entered into between them. Copy of the same has been annexed as Annexure No.4 to the application. 6. Per contra, learned A.G.A. has raised a preliminary objection that aforesaid compromise deed is yet to be verified by the court below, therefore, applicant may be directed to file aforesaid compromise before the court below for verification. 7. Considering the aforesaid submission, present application is disposed of with a direction to the applicant 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. 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 applicant. 9. It is further provided that applicant is at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 26.3.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad