RAJENDRA SINGH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9124/2025 · 2025-03-20
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31420 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31420 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41282 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9124 of 2025 Applicant :- Rajendra Singh And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Manoj Kumar Singh, learned counsel for the applicants, Sri Raj Kumar Singh, learned counsel for opposite party no.2 (upon appearance filed today) and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings as well as chargesheet dated 26.02.2024 and cognizance order dated 15.10.2024 passed by Chief Judicial Magistrate, Thakurdwara, Moradabad in Case No. 46269 of 2024, State Vs. Rajendra and others, arising out of case crime no.1028 of 2023, under Sections-498-A, 323, 506, 354A, 354B, 294 IPC, Police Station-Civil Lines, District- Moradabad, pending in the court of Chief Judicial Magistrate, Moradabad, on the basis of compromise.
3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 19.02.2025 has also been entered into between them.
4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file
aforesaid compromise before the court below for verification.
5. Considering the aforesaid submission, present application is disposed of with a direction to the applicants 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.
6. 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 applicants.
7. Office is directed to return the original copy of the compromise which has been annexed at page no.64 to the
learned counsel for the applicants, after retaining the photocopy of the same.
8. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 21.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad