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Neutral Citation No. - 2025:AHC:51059 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11308 of 2025 Applicant :- Shavez And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rakesh Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Rakesh Kr. Mishra, learned counsel for the applicants, Sri Rajeev Kr. Singh, learned A.G.A. for the State and Sri Pradeep Kumar Tiwari, Advocate holding brief of Sri Sumit Kr. Gupta, learned counsel for opposite party No.2 who has filed vakalantma and the same is taken on record.
2. This application has been filed to quash the charge sheet dated 26.01.2024, Cognizance/Summoning order dated 19.02.2024, as well as entire proceedings of criminal case no. 122 of 2024, arising out of case crime no. 73 of 2023, U/S 498-A, 323, 354, I.P.C. and 3/4 D.P. Act, P.S. Mahila Thana, District Rampur.
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 19.2.2025. It is further submitted that the said compromise has already been filed before the court below.
4. Though learned counsel for opposite party No.2 did not dispute the above fact, 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 :- 8.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad