Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 42752 (ALL)

SALMAN AND 8 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/12874/2025 · 2025-04-17

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:57228 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 12874 of 2025 Applicant :- Salman And 8 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Javed Alam,Nasim Uddin Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Javed Alam, learned counsel for the applicants and Sri Anish Kumar Upadhyay, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceeding of Case No.08 of 2025, arising out of case crime no.77 of 2024, u/s 85, 115(2), 352, 351(2), 74 BNS and 3/4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of Rights on Marriage), Act, Police Station-Mahila Thana, District-Rampur, pending in the court of 1st Additional Civil Judge (J.D.), Rampur as well as chargesheet dated 29.11.2024 along with cognizance order dated 02.01.2025. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 25.03.2025. Copy of the same has been annexed as Annexure No.4 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two months, no coercive action shall be taken against the applicants. 8. It is further provided that applicants are at liberty to file fresh application u/s 528 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 18.4.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad