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2025 DAILYLAW 51442 (ALL)

QAYYOOM KHAN AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15130/2025 · 2025-04-30

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:68398 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15130 of 2025 Applicant :- Qayyoom Khan And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mahfooz Ahmad,Rajesh Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Rajesh Kr. Singh, learned counsel for the applicants, Sri Achyut Tripathi, learned counsel for opposite party No.2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. This application has been filed to quash the charge sheet dated 12.01.2021, cognizance order dated 05.04.2021, as well as entire proceeding of case no. 92545 of 2021, arising out of case crime no. 286 of 2020, U/S 498A, 323 IPC and Section 4 of Muslim Women (Protection of Rights on Marriage) act, 2019, P.S. Juhi, District - Kanpur Nagar. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 20.1.2025. It is further submitted that the said compromise has already been filed before the court below. 4. Though learned counsel for opposite party No.2 did not dispute the above fact, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the impugned proceeding in accordance with law. 6. 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. 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 :- 1.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad