AHJAD HUSAIN AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/17123/2025 · 2025-05-14
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57817 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57817 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:80486 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17123 of 2025 Applicant :- Ahjad Husain And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Chandan Singh Counsel for Opposite Party :- G.A.,Vijay Kumar Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Chandan Singh, learned counsel for the applicants, Sri Vijay Kumar, 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 impugned chargesheet no.01 dated 07.06.2023 as well as summoning order dated 15.03.2024 passed by Chief Judicial Magistrate, Aligarh as well as entire proceeding of Case Crime No.193 of 2023, u/s 498-A, 323, 504, 506 I.P.C. and 3/4 of Dowry Prohibition Act and Section 3/4 Muslim Women (Protection of Right on Marriage) Act, Police Station-Civil Line, District- Aligarh.
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 10.12.2024. Copy of the same has been annexed as Annexure No.4 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 :- 15.5.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad