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2025 DAILYLAW 58614 (ALL)

UMAR FAROOQ AND 6 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/17320/2025 · 2025-05-15

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:81567 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 17320 of 2025 Applicant :- Umar Farooq And 6 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Arvind Kumar Singh Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Vakaltnama has been filed by Mr. Dharmjeet Singh, on behalf of opposite party no. 2 and it is taken on record. 2. Heard Sri Arvind Kumar Singh, learned counsel for the applicants, Sri Dharmjeet Singh, learned cuonsel for opposite party no. 2 and learned AGA for the State. 3. The present application has been filed to quash the entire proceedings of Case No. 5432 of 2023 (State of U.P. vs. Umar Farooq & others) arising out of Case Crime no. 348 of 2020, U/s 498-A, 323, 452, Ι.P.C., 3/4 of D.P. Act & 4 of Muslim Women (Protection of Rights on Marriage) Act, Police Station- Ganjdundwara, District- Kasganj as well as Charge-sheet dated 27.07.2021 against applicant no. 1. U/s 498-A, 323, 452, I.P.C., 3/4 of D.P. Act & 4 of Muslim Women (Protection of Rights on Marriage) Act, against applicant nos. 2 & 3 U/s 498-A, 323, 452, I.P.C. & 3/4 of D.P. Act & against the applicant nos. 4, 5, 6, & 7 U/s 323, 452 I.P.C. along with Cognizance order dated 02.03.2023, pending in the court of Chief Judicial Magistrate, Kasganj, on the basis of Compromise dated 22.04.2025 occurred between both parties. 4. It is jointly submitted by learned counsel for the applicants as well as opposite party no.2 that dispute between the parties is matrimonial in nature and now they have settled their dispute amicably and a written compromise dated 22.04.2025 has also been entered into between them. 5. Per contra, learned AGA has raised a preliminary objection that aforesaid compromise is yet to be verified by the court below, therefore, applicants may be directed to file aforesaid compromise before the court below for verification. 6. Considering the aforesaid submission, present application is disposed of with a direction to the applicants to file original deed of compromise before the court below, within a period of 15 days. In case, such compromise is filed before the court below, the court below will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 7. It is further provided that for a period of two and a half months or till the verification of compromise, whichever is earlier, 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 of BNSS, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 16.5.2025 Saurabh Digitally signed by :- SAURABH High Court of Judicature at Allahabad