Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 31040 (ALL)

MO. WASEEK v. STATE OF U.P. AND ANOTHER

NA528/8788/2025 · 2025-03-18

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:39144 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 8788 of 2025 Applicant :- Mo. Waseek Opposite Party :- State of U.P. and Another Counsel for Applicant :- Diwas Verma,G.S. Chauhan Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Sri Deepak Singh, Advocate has filed his Vakalatnama on behalf of opposite party no.2 which is taken on record. 2. Heard Sri Diwas Verma, learned counsel for the applicants, Sri Deepak Singh, learned counsel for the opposite party no.2 and Sri K.K. Tripathi, learned AGA for the State. 3. The instant application has been filed for quashing the entire proceeding of Criminal Case No.6615 of 2025 arising out of Case Crime No.32 of 2024, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Bekanganj, District Kanpur Nagar. 4. Learned counsel for the applicants as well as counsel for the opposite party no.2 jointly 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 27.12.2024 is reduced in written compromise and also annexed at page 55 of the affidavit. He further submitted that the aforesaid compromise deed has also been filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though this fact has not been disputed by learned counsel for the opposite party no.2 but learned AGA 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. 6. In view of the above, the court below is directed to verify the aforesaid compromise within a period of two months, from the date of presentation of a copy of this order after summoning the parties. 7. 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. 8. 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. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 19.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad