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Neutral Citation No. - 2025:AHC:51495 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 11702 of 2025 Applicant :- Chand Mohammad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sharad Saran Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Sharad Saran Srivastava, learned counsel for the applicant and Sri Pankaj Saxena, learned A.G.A. for the State.
2. The instant application has been filed to quash the charge sheet dated 17.9.2017, summoning order dated 20.1.2018 as well as entire proceeding of case No. 262 of 2018, case crime No. 280 of 2017, u/s 498A, 323, 504 IPC and 3/4 D.P. Act, P.S. Mahila Thana, District Ghaziabad.
3. Learned counsel for the applicant submits that the applicant is the husband of the victim and opposite party No.2 is mother-in-law of the applicant. It is further submitted that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and the victim and the applicant have been residing peacefully as husband and wife. It has been requested that the impugned proceedings may be quashed on the basis of compromise.
4. Learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
5. In view of the above, the applicant is directed to file the original deed of compromise before the court below within a period of 15 days from today.
6. In case such a compromise is filed by the applicant, 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.
7. 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 applicant in the aforesaid case.
8. 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.
9. With the aforesaid direction, the present application is disposed of. Order Date :- 9.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad