Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:72906 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 15663 of 2025 Applicant :- Irfan And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Bharat Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Bharat Singh, learned counsel for the applicants and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash the entire proceedings of case no.13845 of 2024 State Vs. Irfan and others u/s 498A, 323, 504, 506, 494 I.P.C. and 3/4 D.P. Act in respect of the applicant no.1 and u/s 498A, 323, 504, 506, I.P.C. and 3/4 D.P. Act in respect of the applicant nos.2 to 7 pending in the court of the learned Chief Judicial Magistrate, Budaun arising out of case crime no. 823 of 2022 P.S. Ujhani, Thana, District Budaun, to quash the impugned charge sheet dated 6.8.2023 and also to quash the impugned order of taking cognizance and summoning the applicants dated 3.4.2024 passed by the learned Fifth Additional Civil Judge (Junior Division)/Additional Judicial Magistrate, Budaun on the basis of the compromise dated 6.2.2025. 3. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute which was also reduced to written compromise dated 6.2.2025. Copy of the same has been annexed as Annexure No.5 to the application. It is further submitted that the aforesaid compromise has already been filed before the court below and a request has been made that on the basis of the written compromise, impugned proceedings may be quashed. 4. Per contra, learned A.G.A. opposed the prayer on the ground that the aforesaid compromise is yet to be verified by the court below. 5. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the aforesaid compromise after summoning the parties within a period of two months from the date of receiving copy of
this order. After verification of the aforesaid compromise, court below will permit the parties to obtain certified copy of the same. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 7.
For a period of two months, 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 6.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad