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2025 DAILYLAW 47343 (ALL)

OM PRAKASH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14168/2025 · 2025-04-24

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:64342 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14168 of 2025 Applicant :- Om Prakash And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sudhakar Singh, learned counsel for the applicants and Sri Pankaj Srivastava, learned AGA for the State. 2. The instant application has been filed for quashing the charge sheet dated 29.12.2023 as well as summoning order dated 09.10.2024 including the entire proceeding of Case No.32477 of 2024, arising out of Case Crime No.278 of 2023, under Sections 498A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station Islam Nagar, District Badaun. 3. Learned counsel for the applicants 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 27.03.2025 is reduced in written compromise and also annexed at page 67 of the affidavit. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. 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. 5. 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. 6. 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. 7. 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. 8. With the aforesaid direction, the present application is disposed of. Order Date :- 25.4.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad