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Neutral Citation No. - 2025:AHC:67799 Court No. - 75 Case :- APPLICATION U/S 482 No. - 37273 of 2023 Applicant :- Rambabu And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raghvendra Kumar Mishra Counsel for Opposite Party :- G.A.,Peeyush Kumar Shukla Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Raghvendra Kumar Mishra, learned counsel for the applicants and Sri Mohd. Shoyeb Khan, learned AGA for the State.
2. Sri Peevush Kumar Shukla, learned counsel for the opposite party no. 2 is not present.
3. The present application has been filed to quash the cognizance
order dated 28.01.2020 passed by A.C.J.M.-Ist, Mathura along with charge sheet dated 09.12.2019 as well as entire criminal proceedings of Case No. 0391/IX of 2020 (State vs. Rambabu and others), arising out of Case Crime No. 0467 of 2019, under Sections- 452, 323, 504, 506 IPC, Police Station- Raya, District- Mathura.
4. 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 28.10.02024 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. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
8. 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.
9. 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 :- 29.4.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad