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2025 DAILYLAW 37962 (ALL)

MOHD FAIM ALIAS GUJRA AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11943/2025 · 2025-04-10

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:53514 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11943 of 2025 Applicant :- Mohd Faim Alias Gujra And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ali Hasan,Istiyaq Ali Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Ms Jagrit Pandey, Advocate holding brief of Sri Istiyaq Ali, learned counsel for the applicants and Sri Padmakar Rai, learned AGA for the State. 2. The instant application has been filed for quashing the charge sheet dated 05.03.2022 as well as summoning order dated 20.07.2022 passed by the Judicial Magistrate-II, Bareilly including the entire proceeding of Criminal Case No.4929 of 2023, arising out of Case Crime No.80 of 2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Cantt.,, District Bareilly, pending in the court of Judicial Magistrate-II, Bareilly. 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 24.02.2025 is reduced in written compromise and also annexed at page 85 of the affidavit. He further submitted that the aforesaid compromise has already been filed before the court below. 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 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 court below is directed to verify the aforesaid compromise within a period of two months from the date of presentation of a copy of this order, 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 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. Office is directed to return the original compromise deed, if any, to the applicant after retaining a phot copy of the same. 9. 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