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Neutral Citation No. - 2025:AHC:66893 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13131 of 2025 Applicant :- Usman And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Neha Rani,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Pawan Kumar Yadav, Advocate holding brief of Sri Satyendra Singh Yadav, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the charge sheet dated 22.09.2022 in Cae Crime no. 41 of 2022, under Sections- 498-A, 323 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mahila Thana, District- Bareilly as well as cognizance
order dated 22.09.2023 and criminal proceeding of Case No. 12820 of 2023 (State vs. Usman and others), pending in the court of Chief Judicial Magistrate, Bareilly.
3. Learned counsel for the applicants submits that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 23.07.2024 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.
6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 28.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad