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2025 DAILYLAW 55581 (ALL)

KADER ALAM @ JAHEER AND ANOTHER v. STATE OF U.P THROUGH ITS PRINCIPAL SECRETARY (HOME) AND ANOTHER

NA528/16094/2025 · 2025-05-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:75191 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16094 of 2025 Applicant :- Kader Alam @ Jaheer And Another Opposite Party :- State Of U.P Through Its Principal Secretary (Home) And Another Counsel for Applicant :- Avnish Kumar Srivastava Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Avnish Kumar Srivastava, 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 charge sheet dated 17.09.2022, the cognizance order dated 14.03.2023 passed by learned Judicial Magistrate, Rampur as well as entire proceedings of Criminal Case No. 242 of 2023, arising out of Crime No. 0167 of 2022, under Sections- 498-A, 323, 504 IPC & Section 3/4 Dowry Prohibition Act & 3/4 Muslim Women (Protection of Right on Marriage) Act, 2019, Police Station- Ganj, District- Rampur, pending in the court of Judicial Magistrate, Rampur. 3. 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 04.10.2022 has also been entered into between them. 4. 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. 5. 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. 6. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law. 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 :- 8.5.2025 Manoj Digitally signed by :- MANOJ KUMAR YADAV High Court of Judicature at Allahabad