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2025 DAILYLAW 52402 (ALL)

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

NA528/15278/2025 · 2025-05-01

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:70254 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15278 of 2025 Applicant :- Khan Singh And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Prakash Dubey,Prashant Kumar Dubey Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Supplementary affidavit filed by learned counsel for the applicants is taken on record. 2. Heard Sri Anand Prakash Dubey, learned counsel for the applicants and Sri Padmakar Rai, learned AGA for the State. 3. The present application has been filed to quash the chargesheet dated 29.10.2022 as well as the cognizance order dated 29.10.2022 alongwith entire criminal proceeding of Case No. 17628 of 2021 (State Vs. Khan Singh), arising out of Case Crime No. 0031 of 2021, U/s 498-A, 323, 504 & 506 of I.P.C., Police Station Mahila Thana, District Meerut, now pending in the court of Learned Additional Civil Judge (Junior Division)/Judicial Magistrate, Court No. 2, Meerut and all consequential proceedings thereon. 4. It is submitted by learned counsel for the applicants that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a compromise has also been entered into between them. 5. 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. 6. 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. 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 :- 2.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad