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2025 DAILYLAW 49058 (ALL)

MOHD MAHFOOZ ANSARI AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14882/2025 · 2025-04-29

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:69336 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14882 of 2025 Applicant :- Mohd Mahfooz Ansari And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Monika Pal Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed today by Ms. Sanju Soni, on behalf of opposite party no.2 is taken on record. 2. Heard Ms. Monika Pal, learned counsel for the applicants, Ms. Sanju Soni, learned counsel for the opposite party no. 2 and Sri Mohd. Shoeib Khan, learned AGA for the State. 3. The present application has been filed to quash the charge sheet dated 08.04.2024 and cognizance order dated 21.06.2024 passed by Additional Chief Judicial Metropolitan Magistrate, VII, Kanpur Nagar in Case No. 63065 of 2024 (State vs. Naseem and others), arising out of Case Crime No. 152 of 2023, under Sections- 498-A, 323, 504, 506 IPC, Police Station- Gwaltoli, District- Central Commissionerate, Kanpur Nagar, pending in the court of Additional Chief Judicial Metropolitan Magistrate, VII, Kanpur Nagar. 4. 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 10.04.2025 has also been entered into between them. 5. 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. 6. 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. 7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 8. 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. 9. 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 :- 30.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad