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Neutral Citation No. - 2025:AHC:44090 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10381 of 2025 Applicant :- Ompal And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Naushad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. List of fresh cases has been revised. No one appeared on behalf of the applicant. However, learned AGA for the State is present.
2. It is informed by learned AGA that the Bar Association of Allahabad High Court has passed a resolution that all the members of Bar will abstain from judicial work.
3. Present application has been filed for quashing the entire proceeding as well as charge sheet dated 14.08.2024 including cognizance dated 16.12.2024 passed in Case No.12542 of 2024 arising out of Case Crime No.296 of 2024, under Sections 498-A, 323, 504 IPC and ¾ D.P. Act, Police Station Shamli, District Shamli.
4. From perusal of record, it appears that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 04.03.2025 is reduced in written compromise and also annexed at page 71 of the affidavit. The impugned proceedings may be quashed on the basis of aforesaid compromise.
5. Though this fact has not been disputed by learned AGA but he 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 original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties.
7. For a period of two 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 :- 28.3.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad