AMIL HUSSAIN ALIAS AMIR HUSSAIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9555/2025 · 2025-03-24
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31301 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31301 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:43390 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9555 of 2025 Applicant :- Amil Hussain Alias Amir Hussain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard learned counsel for the parties.
2. The present application has been filed to quash the entire proceeding of Criminal Case No.443 of 2019, State Vs. Amil Hussain and others, u/s 498A, 323, IPC and Section 3/4 Dowry Prohibition Act, Police Station-Qila, District-Bareilly arising out of Case crime No.243 of 2019, pending in the court of learned Additional Chief Judicial Magistrate, Court No.5, Bareilly.
3. From perusal of record, it appears that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced into written compromise dated 16.01.2025. Copy of the same has been annexed as Annexure No.4 to the application. 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. submits that the aforesaid compromise is yet to be verified by the court below.
5. In view of the above, 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 :- 25.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad