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2025 DAILYLAW 32669 (ALL)

SAJJAB ALI AND 3 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/10078/2025 · 2025-03-26

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:43914 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10078 of 2025 Applicant :- Sajjab Ali And 3 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Majahar Ali Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. List of fresh cases has been revised. 2. No one appears on behalf of the applicant/s whereas learned AGA is present. 3. It is informed by learned AGA that the Bar Association of Allahabad High Court has passed a resolution that all members of Bar will abstain from judicial work today. 4. The present application has been filed to quash the impugned cognizance order dated 24.07.2023 passed by Additional Chief Judicial Magistrate, Prayagraj as well as impugned charge sheet dated 16.11.2022, as well as entire proceeding of Computer Case No.90 of 2023, u/s 498A IPC and Section 3/4 Dowry Prohibition Act, 1961, arising out of Case Crime No.276 of 2022, Police Station-Shankargarh, District-Prayagraj, pending in the court of Additional Chief Judicial Magistrate, Prayagraj. 5. 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 10.03.2025. Copy of the same has been annexed as Annexure No.5 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. 6. Per contra, learned A.G.A. submits that the aforesaid compromise is yet to be verified by the court below. 7. 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. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. 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 :- 27.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad