GULAM SABIR AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/16376/2025 · 2025-05-08
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55848 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55848 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:75415 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16376 of 2025 Applicant :- Gulam Sabir And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Srivastava Counsel for Opposite Party :- G.A.,Nityanand Srivastava Hon'ble Arun Kumar Singh Deshwal,J.
1. Short counter affidavit filed on behalf of Shri Nityanand Srivastava, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 1A. Heard Shri Pramod Kumar Srivastava, learned counsel for the applicants, Shri Ajay Pandey holding brief of Shri Nityanand Srivastava, learned counsel for the opposite party no. 2 and Sri Ramesh Kumar, learned AGA for the State. 2. The instant application has been filed to quash the entire proceedings of Case No.2849/2022, arising out of Case Crime No. 242/2021, under Sections 498A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station Manjhanpur, District- Kaushambi and charge sheet dated 04.08.2021 and summoning order dated 20.05.2022. 3. Learned counsel for the applicants submitted that dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise. The aforesaid compromise dated 02.04.2025 is reduced in written compromise. He further submitted that the original deed of compromise was also filed before the court below. It has been requested that the impugned proceedings may be quashed on the basis of aforesaid compromise. 4. However, learned AGA has raised a preliminary objection that the aforesaid proceeding cannot be quashed on the basis of compromise. 5. In view of the above, the court below is directed to verify the
aforesaid compromise within a period of two months from the date of presentation of a copy of this order after summoning the parties. After verification of the aforesaid compromise, court below may dispose of impugned proceeding in accordance with law. 6. For a period of two months or till verification of compromise, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. 7. However, the parties are at liberty to file a fresh application under Section 528 BNSS to quash the impugned proceeding on the basis of verified copy of compromise, if need arises. 8. With the aforesaid direction, the present application is disposed of.
Order Date :- 9.5.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad