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2025 DAILYLAW 35135 (ALL)

IKRAM KHAN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15096/2025 · 2025-04-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68415 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15096 of 2025 Applicant :- Ikram Khan And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Arshad Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Arshad, learned counsel for the applicants and Sri Anish Kr. Upadhyay, learned A.G.A. for the State. 2. This application has been filed to quash the charge sheet dated 13.04.2023, cognizance order dated 28.06.2023, as well as stay the further proceeding of case no. 769 of 2023 , arising out of case crime no. 768 of 2022, U/S 498A, 323, 504, 506, 354 IPC, P.S. Tronika City, District - Ghaziabad. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 6.1.2025. It is further submitted that the said compromise has already been filed before the court below. 4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law. 6. 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. 7. 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. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 1.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad