SHAHID ALIAS BHOLA AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/9221/2025 · 2025-03-20
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 31863 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 31863 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:41354
Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9221 of 2025 Applicant :- Shahid Alias Bhola And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Shahibe Alam Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mohd. Shahibe Alam, learned counsel for the applicants and Sri Padmakar Rai, learned AGA for the State.
2. The present application has been filed to quash the chargesheet dated 13.12.2015, cognizance/summoning
order dated 05.05.2016 as well as entire proceedings of Criminal Case No.287 of 2021, State Vs. Mohd. Shahid @ Bhola & Others, arising out of Case Crime No.75 of 2015, under Sections-498A, 323, 377, 307, 376, 511 IPC & Section 3/4 Dowry Prohibition Act, Police Station-Mahila Thana, District-Baghpat, pending in the court of Civil Judge (J.D.) F.T.C., Baghpat.
3. Learned counsel for the applicants has submitted that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a settlement agreement dated 07.01.2016 has also been entered into between them.
4. Per contra, learned AGA has raised a preliminary objection that aforesaid agreement is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid agreement 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 settlement agreement before the court below, within a period of 15 days. In case, such agreement 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 agreement.
6. It is further provided that for a period of two and a half months or till the verification of agreement, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified agreement.
Order Date :- 21.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad