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2025 DAILYLAW 6160 (ALL)

SHAHID ALIAS SHAHID HUSSAIN AND 3 OTHERS v. STATE OF U.P. AND ANOTHER

A482/1494/2025 · 2025-03-17

Arun Kumar Singh Deshwal

Public Interest Litigationbody2025

Judgment text

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Neutral Citation No. - 2025:AHC:38933 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1494 of 2025 Applicant :- Shahid Alias Shahid Hussain And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rahul Saxena Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit along with Vakalatnama filed today by Ms Sunita Chauhan, Advocate, on behalf of opposite party no.2, is taken on record. 2. Heard learned counsel for the applicants, Sri Rizwan Ahmad, learned counsel holding brief of Ms Sunita Chauhan, learned counsel for opposite party no.2 and Ms Harshita Rani, learned AGA for the State. 3. The present application has been filed to quash the chargesheet no.58 of 2024 dated 24.02.2024 and 30.06.2024, cognizance order dated 31.08.2024 and entire proceedings of Case No.17022 of 2024 (State Vs. Shahid and others), under Sections-498A, 323, 506 IPC and Section 3/4 D.P. Act, arising out of case crime no.317 of 2023, Police Station-Sungarhi, District-Pilibhit, pending in the court of learned Chief Judicial Magistrate, Pilibhit. 4. It is jointly submitted by learned counsel for the applicants and opposite party no.2 that parties have settled their dispute amicably as the dispute was matrimonial in nature. It is further submitted that on the basis of compromise, proceeding u/s 125 Cr.P.C. has already been withdrawn by the opposite party no.2 and proceeding under Domestic Violence Act has also been withdrawn on the basis of aforesaid compromise. 5. Per contra, learned AGA has submitted that aforesaid compromise is yet to be filed before the court below. 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 :- 18.3.2025 S.Chaurasia Digitally signed by :- SHUBHAM CHAURASIA High Court of Judicature at Allahabad