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2025 DAILYLAW 49992 (ALL)

NAEEM AHMAD AND 2 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14451/2025 · 2025-05-05

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72141 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14451 of 2025 Applicant :- Naeem Ahmad And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohammad Abid Ali Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakalatnama filed by Shri Raj Kumar Chauhan, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Mohd. Abid Ali, learned counsel for the applicants, Shri Raj Kumar Chauhan, learned counsel for the opposite party no. 2 and Shri K. K. Tripathi, learned AGA for the State. 2. The present application has been filed to quash the entire proceedings of Criminal Case No. 1424/2024, arising out of Case Crime No. 214/2022, under Sections- 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, Police Station- Bahedi, District- Bareilly. 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 28.11.2024 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. 8. Office is directed to return the original deed of compromise to the learned counsel for the applicant after retaining photocopy of the same. Order Date :- 6.5.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad