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Neutral Citation No. - 2025:AHC:48506 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10840 of 2025 Applicant :- Mohd. Rizwan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vivek Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Vivek Kumar Singh, learned counsel for the applicant and Sri Uday Bhan, learned A.G.A. for the State.
2. The present application has been filed to quash the impugned chargesheet no.171/2022 dated 10.11.2022 and cognizance/summoning order dated 24.04.2023 passed by learned Judicial Magistrate-I, Court No.17, Jaunpur as well as entire proceeding of Criminal Case No.696 of 2023, arising out of case crime no.189 of 2022, u/s 417, 493 I.P.C., Police Station-Gaura Badshahpur, District-Jaunpur.
3. Contention of learned counsel for the applicant is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 10.01.2025. Copy of the same has been annexed as Annexure No.10 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed.
4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below.
5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same.
6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
7. For a period of two months, no coercive action shall be taken against the applicant.
8. It is further provided that applicant is at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 5.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad