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2025 DAILYLAW 37267 (ALL)

MOHD. ARIF AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11283/2025 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51024 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11283 of 2025 Applicant :- Mohd. Arif And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sandeep Tripathi Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sandeep Tripathi, learned counsel for the applicants and Sri Padmakar Rai, learned A.G.A. for the State. 2. The instant application has been filed to quash the entire proceeding of case No. 1298/9/2025, case crime No. 331 of 2023, u/s 498A IPC and 3/4 D.P. Act, P.S. Bhopa, district Muzaffarnagar, including cognizance order dated 4.2.2025 and charge sheet dated 15.9.2024. 3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into a written compromise dated 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 applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 6. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law. 7. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8. 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. 9. 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