MOHD KASIM AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/13211/2025 · 2025-05-04
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 42862 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 42862 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:71614 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13211 of 2025 Applicant :- Mohd Kasim And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Lal Bahadur Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Shri Ram Sajiwan Prajapati, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Shri Lal Bahadur, learned counsel for the applicants, Shri Ram Sajiwan Prajapati, learned counsel for the opposite party no. 2 and Shri Brijesh Kumar Dwivedi, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Criminal Case No. 530/2025, arising out of Case Crime No. 101/2024, under Sections- 498-A, 323, 506 IPC and 3/4 D.P. Act, Section 3/4 Muslim Women Act, P.S.- Sherkot, District- Bijnor and charge sheet dated 03.06.3024 and summoning order dated 16.11.2024.
3. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 18.05.2024 has also been entered into between them.
4. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification.
5. Considering the aforesaid submission, present application is
disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. After verification of compromise, court below may dispose of the impugned proceeding in accordance with law.
6. It is further provided that for a period of two months or till the verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants.
7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 5.5.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad