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2025 DAILYLAW 38359 (ALL)

SMT. RAESA AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

A482/26736/2023 · 2025-05-06

Arun Kumar Singh Deshwal

Transfer Petitionbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:74913 Court No. - 75 Case :- APPLICATION U/S 482 No. - 26736 of 2023 Applicant :- Smt. Raesa And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Irfan,Shadab Ali Counsel for Opposite Party :- Deepak Singh Patel,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shadab Ali, learned counsel for the applicants, Ms. Madhvi Advocate holding brief of learned counsel for opposite party no. 2 and Ms. Ruchi Mishra, learned State Law Officer for the State. 2. The present application has been filed to quash the charge sheet dated 07.01.2023 and cognizance/summoning order dated 21.04.2023 as well as entire proceedings of Criminal Case No.2060 of 2023, State Vs. Raesa & Others, under Sections-498- A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act and Section 3/4 Muslim Marriage Act, 2019, Police Station-Kiratpur, District-Bijnor, pending in the court of Additional Judicial Magistrate, Njaibabad, Bijnor on the basis of compromise dated 13.03.2023. 3. 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 now they have settled their dispute amicably and a written compromise dated 13.03.2023 has also been entered into between them. 4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 5. 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. 6. 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. 7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 7.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad