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2025 DAILYLAW 32535 (ALL)

AHMAD ABBAS ZAIDI ALIAS SYED AHMAD ABBAS ZAIDI AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/9352/2025 · 2025-03-23

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:42299 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 9352 of 2025 Applicant :- Ahmad Abbas Zaidi Alias Syed Ahmad Abbas Zaidi And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anuj Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Himanshu Mishra, learned counsel for opposite party No.2, is taken on record. 2. Heard Sri Anuj Mishra, learned counsel for the applicants, Sri Himanshu Mishra, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 3. The instant application has been filed to quash the entire proceeding of case no. 32326 of 2024, case crime no. 10/2024, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Mahila Thana (Saifai), District Etawah, including the charge sheet dated 9.9.2024 and summoning order dated 29.11.2024. 4. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The original deed of the aforesaid compromise has been annexed as Annexure No.12 to the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though learned counsel for opposite party No.2 has not disputed the aforesaid fact, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of unverified compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 6. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 7. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise. 8. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. 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. 10. Office is directed to return the original deed of compromise to the counsel for the applicants after retaining a photocopy of the same on record. 11. With the aforesaid direction, the present application is disposed of. Order Date :- 24.3.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad