ABDUL MALIK AND ANOTHER v. STATE OF U.P. AND 3 OTHERS
NA528/10616/2025 · 2025-04-02
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 34102 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 34102 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:46561 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10616 of 2025 Applicant :- Abdul Malik And Another Opposite Party :- State Of U.P. And 3 Others Counsel for Applicant :- Jai Kushwaha,Neha Rani,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Satyvendra Singh Yadav, learned counsel for the applicants, Sri Pawan Kr. Yadav, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State.
2. The instant application has been filed to quash the entire proceeding of Session Trial No. 153A of 2008, arising out of case crime no. 384 of 2007, u/s 147, 148, 307, 149, 323, 452, 504, 506, 498A IPC and Section 3/4 D.P. Act, P.S. Ajeem Nagar, District Rampur.
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 28.1.2025. It has been requested that the impugned proceedings may be quashed on the basis of compromise.
4. Though learned counsel for opposite party No.2 did not dispute the above fact, 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