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2025 DAILYLAW 57239 (ALL)

UMMIDALAM @ BALLE AND 4 OTHERS v. STATE OF U.P. THROUGH PRINCIPAL SECRETARY HOME GOVERNMENT OF U.P. AT LUCKNOW AND 2 OTHERS

NA528/16673/2025 · 2025-05-12

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:78530 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 16673 of 2025 Applicant :- Ummidalam @ Balle And 4 Others Opposite Party :- State Of U.P. Through Principal Secretary Home Government Of U.P. At Lucknow And 2 Others Counsel for Applicant :- Ravindra Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Pradyumn Kumar, Advocate holding brief of Sri Ravindra Singh, learned counsel for the applicants; Sri Pramod Kr. Yadav, Advocate holding brief of Sri Brijendra Prasad, learned counsel for opposite party No.2 and Sri Rajeev Kr. Singh, learned A.G.A. for the State. 2. This application has been filed to quash the entire proceeding Case Nos. 285 of 2008 and 821 of 2012, arising out of case crime No. 353 of 2007, under Sections 498A, 506 IPC and 3/4 D.P. Act, P.S. Ramgarh, District Firozabad, including cognizance orders dated 16.2.2008 and 17.12.2024 as well as charge sheets dated 24.11.2007 and 27.11.2007. 3. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial in nature and both the parties have settled their dispute amicably and entered into compromise dated 17.12.2024. It is further submitted that the said compromise has already been filed before the court below. 4. Though learned counsel for opposite party No.2 did not dispute the above fact, learned AGA states that the impugned proceeding cannot be quashed until the aforesaid compromise is verified. 5. In view of the above, the court below is directed to verify the said compromise after summoning the parties within a period of two months from the date of receipt of a copy of this order and after verification, the court below will dispose of the 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 :- 13.5.2025 Vandana Digitally signed by :- VANDANA GAUTAM High Court of Judicature at Allahabad