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Neutral Citation No. - 2025:AHC:44370 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10406 of 2025 Applicant :- Salim And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama, filed today by Sri Brijesh Kr. Pandey, learned counsel for opposite party No.2, is taken on record.
2. Heard Sri Sandeep Kr. Srivastava, learned counsel for the applicants; Sri Brijesh Kr. Pandey, learned counsel for opposite party No.2 and Sri Anish Kr. Upadhyay, learned A.G.A. for the State.
3. The instant application has been filed to quash the charge sheet dated 12.3.2010 in case No. 345 of 2021, arising out of case crime No. 983 of 2009, u/s 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Naugawan Sadat, District Amroha.
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 a written compromise dated 6.1.2025. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
5. Learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of 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. With the aforesaid direction, the present application is
disposed of.
Order Date :- 1.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad