Research › Search › Judgment

Allahabad High Court · body

2025 DAILYLAW 50860 (ALL)

MOHD ASLAM AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/14853/2025 · 2025-04-29

Arun Kumar Singh Deshwal

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Neutral Citation No. - 2025:AHC:69401 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 14853 of 2025 Applicant :- Mohd Aslam And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sunil Kumar Dubey, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State. 2. The present application has been filed to set aside the entire proceedings of Case No. 44880 of 2024 (State vs. Mohd. Aslam and others), under Sections- 498-A, 494, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Kundarki, District- Moradabad as well as charge sheet no. 203 of 2023 dated 26.11.2023 as well as cognizance order dated 29.08.2024, pending in the court of Additional Chief Judicial Magistrate-4th, Moradabad arising out of Case Crime No. 216 of 2023. 3. 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 30.11.2024 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7. 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. 8. 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