ISRAR AHAMAD AND 3 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/16144/2025 · 2025-05-07
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 53821 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 53821 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:74236
Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16144 of 2025 Applicant :- Israr Ahamad And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Vishnu Kant Tiwari Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Vishnu Kant Tiwari, learned counsel for the applicants and Sri Rajeev Kumar Singh, learned AGA for the State.
2. The present application has been filed to quash the entire proceedings of Case No.1616 of 2018, arising out of case crime no.663 of 2017, under Sections-498A, 323, 504, 506 IPC & Section 3/4 Dowry Prohibition Act, Police Station- Badlapur, District-Jaunpur, pending in the court of Civil Judge (J.D.)/Domestic Violence Women Court Jaunpur as well as charge sheet dated 27.02.2018 along with cognizance order dated 29.06.2018.
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 28.02.2025. 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 :- 8.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad