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2025 DAILYLAW 52023 (ALL)

ABDUL KADIR AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/15594/2025 · 2025-05-05

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:72358 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15594 of 2025 Applicant :- Abdul Kadir And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd Aamir Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Mohd. Aamir, learned counsel for the applicants and Sri Padmakar Rai, learned A.G.A. for the State. 2. This application has been filed to quash the entire proceeding of Case no. 1133/2024, case crime No. 626 of 2023, u/s 498A, 323, 504, 506, 354A, 354B IPC and 3/4 D.P. Act, P.S. Murad Nagar, District Ghaziabad, as well as charge sheet dated 14.2.2024 and cognizance order dated 25.9.2024. 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 2.1.2025. It is further submitted that the said compromise has already been filed before the court below. 4. 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 :- 6.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad