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Neutral Citation No. - 2025:AHC:40152 Court No. - 75 Case :- APPLICATION U/S 482 No. - 659 of 2025 Applicant :- Nahid And 2 Others Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Archana Tiwari,Shanti Dhar Dwivedi Counsel for Opposite Party :- Atul Pandey,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Counter affidavit filed on behalf of the opposite party no.2 is taken on record.
2. Heard Sri Shanti Dhar Dwivedi, learned counsel for the applicants, Sri Atul Pandey, learned counsel for the opposite party no. 2 and Sri Pankaj Srivastava, learned AGA for the State.
3. The present application has been filed to quash the entire proceeding of Case No. 12628 of 2024, arising out of Case Crime No.09 of 2024, under Section- 498-A, 323, 504, 506 IPC, Police Station-Sungarhi, District-Pilibhit, pending before learned Additional Chief Judicial Magistrate-I, Pilibhit.
4. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and they have settled their dispute amicably and a written compromise dated 17.12.2024 has also been entered into between them. Though, copy of the same has been given to Investigating Officer but Investigating Officer instead of considering the same, erroneously filed impugned chargesheet.
5. Per contra, learned AGA has raised a preliminary objection that after filing of the chargesheet, compromise is yet to be verified by the court below, therefore, proceeding cannot be quashed on the basis of compromise entered into during investigation.
6. Considering the aforesaid submission, present application is
disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise.
7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants.
8. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, if required to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 19.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad