Neutral Citation No. - 2025:AHC:79255 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14833 of 2025 Applicant :- Sajid @ Shahjeb Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mithilesh Kumar Shukla Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Counter affidavit filed by learned counsel for the opposite party no.2 is taken on record. 2. Heard Sri Ajatshatru, Advocate holding brief of Sri Mithilesh Kumar Shukla, learned counsel for the applicants, Sri Rajendra Kumar Srivastava, learned counsel for the opposite party no.2 and Sri Padmakar Rai, learned AGA for the State. 3. The instant application has been filed for quashing the charge sheet dated 06.03.2021 as well as summoning order dated 02.11.2021 passed by the Chief Judicial Magistrate, Firozabad including the entire proceeding of Case No.3976 of 2021, arising out of Case Crime No.317 of 2020, under Sections 498A, 323, 504, 506, 376 I.P.C. and 3/4 D.P. Act, Police Station Firozabad South, District Firozabad, pending in the court of Chief Judicial Magistrate, Firozabad. 4. Contention of learned counsel for the applicant is that the applicant is elder brother of husband of opposite party no.2. He further submitted that at the time of filing charge sheet, police did not mention the sections 354 and 376 IPC against the applicant but Magistrate at the time of taking cognizance has also taken cognizance under Section 376 IPC against the applicant. It is further submitted that the accused had filed an application u/s 528 BNSS No.11458 of 2025 seeking quashing of the impugned proceeding on the basis of compromise, which was disposed of by this Court vide order dated 08.04.2025 directing the court below to verify the aforesaid compromise. It is also submitted that in that application present applicant was not a party, for that reason, court below has not allowed the present applicant to participate in the verification proceeding. Therefore, the applicant has prayed that the court below may be directed to verify the compromise entered into between the parties, which was also signed by the applicant has also signed to participate in verification proceeding. 5. Learned AGA opposed the prayer but could not dispute the aforesaid fact. 6. In view of the above, the present application is disposed of with direction the court below to pass fresh verification order within a period of two months after summoning the parties. The applicant is also permitted to appear before the court below and participate in the verification proceeding. 7. For a period of two 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 :- 14.5.2025 A.Kr. Digitally signed by :- AJAY KUMAR High Court of Judicature at Allahabad