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2025 DAILYLAW 47016 (ALL)

SHEHZAD AND 7 OTHERS v. STATE OF U.P. AND 2 OTHERS

NA528/14045/2025 · 2025-04-23

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:62946 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14045 of 2025 Applicant :- Shehzad And 7 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Satya Narayan Gupta,Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Sri Rahul Singh Tomar, Advocate on behalf of opposite party nos.2 and 3 is taken on record. 2. Heard Sri Yogendra Pal Singh, learned counsel for the applicants, Sri Rahul Singh Tomar, learned counsel for the opposite party no.2 and Sri Rakesh Kumar Soni, learned State Law Officer for the State. 3. The instant application has been filed for quashing the summoning order dated 28.11.2022 passed by Chief Judicial Magistrate, Moradabad as well as entire proceeding of Criminal Case No.58125 of 2022, arising out of Case Crime No.1067 of 2021, under Sections 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Civil Lines, District Moradabad. 4. Learned counsel for the applicants as well as learned counsel for the opposite party no.2 jointly submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 07.04.2025 is reduced in written compromise and also annexed at page 45 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 5. Though this fact has not been disputed by learned AGA but he has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. The aforesaid compromise should be verified by the court below before quashing the impugned proceeding. 6. In view of the above, the applicants are directed to file original deed of the compromise before the court below within a period of 15 days from today. On filing of such compromise, the court below will verify the same within a period of two months after summoning the parties and after verification, the court below will dispose of the impugned proceeding, in accordance with law. 7. For a period of two and half months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 8. 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. 9. With the aforesaid direction, the present application is disposed of. Order Date :- 24.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad