SHAHBAZ ALIAS GUDDU AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/10623/2025 · 2025-04-02
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 35589 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 35589 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:46524 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10623 of 2025 Applicant :- Shahbaz Alias Guddu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kushagra Srivastava,Shahrukh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shahrukh, learned counsel for the applicants and Sri Anish Kr. Upadhyay, learned A.G.A. for the State.
2. The instant application has been filed seeking quashing of the charge sheet dated 1.9.2024, cognizance order dated 15.10.2024 as well as entire proceeding of case No. 890 of 2024, u/s 498A, 504 IPC and 3/4 D.P. Act, P.S Mahila Thana, District Baghpat, arisign out of case crime No. 40 of 2024.
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 10.3.2025. 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.
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 :- 3.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad