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2025 DAILYLAW 38297 (ALL)

ABHISHEK @ SONU AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/11579/2025 · 2025-04-08

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:51182 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11579 of 2025 Applicant :- Abhishek @ Sonu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pavan Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pawan Kumar Mishra, learned counsel for the applicants, Sri Madhusudan, learned counsel for opposite party no.2 and Sri Anish Kumar Upadhyay, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Criminal Case No.1809 of 2024, as well as case crime no.175 of 2023 and cognizance order dated 24.01.2024, u/s 498-A, 323, 504, 506 I.P.C., Police Station- Ankur Vihar, District-Ghaziabad, pending in the court of Additional Chief Judicial Magistrate, Court No.1, Ghaziabad in terms of the compromise dated 17.01.2025. 3. 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 17.01.2025. Copy of the same has been annexed as Annexure No.5 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. 4. 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. 5. 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 9.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad