ASIF UMAR AND 4 OTHERS v. STATE OF U.P. AND ANOTHER
NA528/17070/2025 · 2025-05-14
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 57853 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 57853 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:85015 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17070 of 2025 Applicant :- Asif Umar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Girish Kumar Mishra Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Vakalatnama filed by Sri Hari Om Shukla on behalf of opposite party no. 2 is taken on record.
2. Heard Sri Girish Kumar Mishra, learned counsel for the applicants, Sri Hari Om Shukla, learned counsel for the opposite party no. 2 and Sri Mohd. Shoeb Khan, learned A.G.A. for the State.
3. The present application has been filed to quash the charge-sheet dated 25.11.2024 as well as cognizance and summoning order dated 11.02.2025 as Case Crime No. 293/2024 (State Vs. Asif Umar and others) u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 of Dowry Prohibition Act, Police Station- Qilla, District- Bareilly, pending in the court of Additional Judicial Magistrate, Court No.3, Bareilly, District- Bareilly.
4. Contention of learned counsel for the applicants is that dispute between the parties is matrimonial in nature. Now, they have settled their dispute amicably and a written compromise dated 19.04.2025 has also been entered into between them. 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.
5. 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.
6. Considering the aforesaid submissions of both the parties, the present application is disposed of with direction to the court below to verify the compromise dated 19.04.2025 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.
7. After verification of the compromise, court below will dispose of the impugned proceeding, in accordance with law.
8. For a period of two months, no coercive action shall be taken against the applicants.
9. 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 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad