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2025 DAILYLAW 36239 (ALL)

KULJIT SINGH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/10973/2025 · 2025-04-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53535 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 10973 of 2025 Applicant :- Kuljit Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arun Kumar Sharma,Sanjay Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sanjay Mishra, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The instant application has been filed for quashing the charge sheet dated 27.07.2022 as well as cognizance order dated 26.11.2022 including the entire proceedings of Case No.1166 of 2022, arising out of Case Crime No.593 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Anupshahr, District Bulandshahr, pending in the court of Additional Chief Judicial Magistrate, Bulandshahar. 3. Learned counsel for the applicants submitted 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 07.08.2024 is reduced in writing and annexed at page 85 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. 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. 5. 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 and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 6. For a period of two and half 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 :- 11.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad