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2025 DAILYLAW 46419 (ALL)

MUKEEM @ VEERU AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/13602/2025 · 2025-04-22

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62403 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 13602 of 2025 Applicant :- Mukeem @ Veeru And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Manoj Pandey Counsel for Opposite Party :- G.A.,Prakash Tripathi Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Manoj Pandey, learned counsel for the applicants, Ms. Rukmani Ojha holding brief of Sri Prakash Tripathi, learned counsel for opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State. 2. The present application has been filed to quash the charge sheet dated 11.10.2022 and cognizance/summoning order dated 23.12.2022 as well as entire proceedings of S.T. No. (Case No.) 1228/2023, arising out of Case Crime No. 233/2022, under Sections- 498A, 376D, 323 and 504 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Mainather, District- Moradabad pending before learned Court of Additional District and Session Judge/F.T.C.-1st, Moradabad. 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 24.10.2024 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 :- 23.4.2025 #Vik/- Digitally signed by :- VIKRAM GUPTA High Court of Judicature at Allahabad