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2025 DAILYLAW 55659 (ALL)

AMJAD ALI AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/16755/2025 · 2025-05-13

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:79643 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16755 of 2025 Applicant :- Amjad Ali And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shyam Kishore Tripathi Counsel for Opposite Party :- G.A.,Satyam Jaiswal Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Shyam Kishore Tripathi, learned counsel for the applicants, Sri Satyam Jaiswal, learned counsel for opposite party no.2 and Sri Rajeev Kumar Singh, learned A.G.A. for the State. 2. The present application has been filed to quash the chargesheet no.6 of 2024 dated 09.01.2024, summoning order dated 06.09.2024 as well as entire proceeding of Case No.87911 of 2024, (State Vs. Amjad Ali and others), arising out of Case Crime No.69 of 2023, under Sections 498-A, 452, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act, Police Station- Bekanganj, District- Kanpur Nagar, pending in the court of learned Additional Civil Judge (Junior Division), Court No.2, Kanpur Nagar, on the basis of compromise dated 03.03.2025. 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 03.03.2025. Copy of the same has been annexed as Annexure No.3 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 :- 14.5.2025 Radhika Digitally signed by :- RADHIKA VISHWAKARMA High Court of Judicature at Allahabad