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2025 DAILYLAW 37626 (ALL)

RIYASAT AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11458/2025 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:50347 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11458 of 2025 Applicant :- Riyasat And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Counter affidavit along with Vakalatnama filed by Sri Rajendra Kumar Srivastava, learned counsel for opposite party no.2, is taken on record. 2. Heard Sri Mithilesh Kumar Shukla, learned counsel for the applicants, Sri Rajendra Kumar Srivastava, learned counsel for opposite party no.2 and Sri Kamlesh Kumar Tripathi, learned A.G.A. for the State. 3. The present application has been filed to quash the entire proceeding of Case No.3976 of 2021, arising out of case crime no.317 of 2020, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station-Firozabad South, District-Firozabad as well as chargesheet dated 06.03.2021 and cognizance/summoning order dated 02.11.2021, passed by Chief Judicial Magistrate, Firozabad, on the basis of compromise dated 19.02.2025. 4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 19.02.2025. Copy of the same has been annexed as Annexure No.4 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. 5. 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. 6. 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. For a period of two months, no coercive action shall be taken against the applicants. 9. It is further provided that applicants are 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 :- 8.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad