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Neutral Citation No. - 2025:AHC:63618 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12636 of 2025 Applicant :- Sonu And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pushpendra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Pushpendra Singh, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The instant application has been filed for quashing the charge sheet dated 09.08.2023, congnizance order dated 26.10.2023 as well as entire proceedings of Case No.779 of 2022 (State Vs. Sonu and others), arising out of Case Crime No.0192 of 2023, under Sections 498-A, 323, 504, 506 of I.P.C. and 3/4 D.P. Act, Police Station Harduaganj, District Aligarh, pending in the court of Judicial Magistrate, Court No.2, Aligarh.
3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 29.01.2025 is reduced in written compromise. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise.
4. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding.
5. In view of the above, the applicants are directed to file original deed of the compromise dated 29.01.2025 before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law.
6. For a period of two and half months or till verification of
compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case.
7. With the aforesaid direction, the present application is disposed of. Order Date :- 24.4.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad