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2025 DAILYLAW 38620 (ALL)

SHAKIL AND ANOTHER v. STATE OF U.P. AND ANOTHER

NA528/12329/2025 · 2025-04-14

Arun Kumar Singh Deshwal

body2025

Judgment text

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5Neutral Citation No. - 2025:AHC:56188 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12329 of 2025 Applicant :- Shakil And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Umesh Chandra Tiwari Counsel for Opposite Party :- Grijesh Kumar,G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Compromise, filed by the counsel for the opposite party No.2, is taken on record. 2. Heard Sri Umesh Chandra Tiwari, learned counsel for the applicants, Sri Sheetla Prasad, learned State Law Officer, and Sri Grijesh Kr. Pandey, learned counsel for opposite party No.2. 3. The instant application has been filed to quash the charge sheet dated 26.4.2012 as well as entire proceeding of S.T. No. 265 of 2014, arising out of case crime No. 196 of 2012, under Sections 498A, 306 IPC and 3/4 D.P. Act, P.S. Swar, District Rampur. 4. Learned counsel for the applicants submits that the present applicants are uncle and mother, respectively, of the husband of opposite party No.2 and the husband of opposite party No.2 had committed suicide by setting a fire. Thereafter, two FIRs were lodged; one by father-in-law of opposite party No.2 against her and another by opposite party No.2 against her father-in-law and other family members which is impugned herein. It is further submitted that allegation in the impugned F.I.R. is that the father- in-law of opposite party No.2 used to scold her husband, therefore, he committed suicide. However, on such fact, Section 306 IPC is not made out. Even otherwise, the parties have settled their dispute and the proceeding, initiated on the basis of the F.I.R., lodged by the father-in-law of opposite party No.2, has already been quashed by this Court in pursuance of the compromise entered into between the parties vide order dated 4.10.2023 in Application u/s 482 no. 16211 of 2023. It is further submitted that the in the impugned proceeding also, the parties have settled their dispute and entered into a written compromise dated 17.8.2023 wherein the parties have admitted that in a spur of moment, they lodged FIRs against each other. The original deed of compromise has been annexed at page No 35 of the affidavit. 5. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 6. In view of the above, the applicants are directed to file the original deed of compromise before the court below within a period of 15 days from today. 7. In case such a compromise is filed by the applicants, the court below will verify the said compromise after summoning the parties within a period of two months from the date of filing the compromise and after verification, the court below will dispose of the impugned proceeding in accordance with law. 8. For a period of two and a half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 9. 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. 10. With the aforesaid direction, the present application is disposed of. 11. Office to return the original deed of compromise to the counsel for the applicants after retaining photocopy of the same on record. Order Date :- 15.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad