SHAUKAT ALI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/12209/2025 · 2025-04-14
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 39312 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 39312 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:54713 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12209 of 2025 Applicant :- Shaukat Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajesh Kumar Pandey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard sri Rajesh Kr. Pandey, learned counsel for the applicants, Sri Anish Kr. Upadhyay, learned A.G.A. for the State and Sri Sanjay Kr. Shukla, learned counsel for opposite party No.2 who has filed his vakalatnama today and the same is taken on record.
2. This application has been filed to quash the proceeding of criminal Case No. 1136 of 2022, arising out of case crime No. 703 of 2021, under sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Gursahay Ganj, District Kannauj.
3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 14.2.2025. It is further submitted that the said compromise has already been filed before the court below.
4. Though learned counsel for opposite party No.2 did not dispute the above fact, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified.
5. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order 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. With the aforesaid direction, the present application is disposed of. Order Date :- 15.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad