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Neutral Citation No. - 2025:AHC:63074 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14090 of 2025 Applicant :- Monty And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aamir Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Mohd. Aamir, learned counsel for the applicants, Sri Mohd. Amish,
learned counsel for opposite party No.2 and Sri Sachin Upadhyay, learned State Law Officer.
2. This application has been filed to quash entire proceeding of case No. 19830 of 2023, case crime No. 598 of 2021, under Sections 498A, 323, 504, 506 IPC and 3/4 D.P. Act, P.S. Madhuban Bapudham, District Ghaziabad, including the charge sheet dated 29.8.2022 as well as cognizance order dated 14.3.2023.
3. Contention of learned counsel for the applicants is that though the parties have settled their dispute and entered into a written compromise dated 9.1.2025 which was also filed before the court below along with an application to terminate the impugned proceeding, the court below rejected the said application by order dated 9.1.2025 on the ground that the offence in question is not compoundable.
4. Considering the fact that the parties have entered into compromise which has already been filed before the court below, 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.
5. 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.
6. 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.
7. With the aforesaid direction, the present application is disposed of.
Order Date :- 24.4.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad