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Neutral Citation No. - 2025:AHC:46176 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10628 of 2025 Applicant :- Arun And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Raj Pandey,Shubham Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shubham Pandey, learned counsel for the applicants and Sri Anish Kr. Upadhyay, learned A.G.A. for the State.
2. The instant application has been filed to quash the summoning order dated 18.11.2023, charge sheet dated 26.8.2023, as well as entire proceeding of case No. 2900 of 2023, arising out of case crime No. 191 of 2023, u/s 323, 504, 506, 498A IPC and Section 3/4 D.P. Act, P.S. Kasna, District Gautam Budh Nagar.
3. 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 a written compromise dated 2.4.2024. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
5. 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.
6. 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 and after verification, the court below will dispose of the impugned proceeding in accordance with law.
7. 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.
8. 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.
9. With the aforesaid direction, the present application is disposed of. Order Date :- 3.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad