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2025 DAILYLAW 65278 (ALL)

NAURIN KHAN AND 5 OTHERS v. STATE OF U.P. AND ANOTHER

NA528/19826/2025 · 2025-05-29

Raj Beer Singh

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:93422 Court No. - 71 Case :- APPLICATION U/S 528 BNSS No. - 19826 of 2025 Applicant :- Naurin Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Nandini Pandey Counsel for Opposite Party :- G.A. Hon'ble Raj Beer Singh,J. 1. Heard learned counsel for the applicants and learned A.G.A. for the State. 2. This application u/s 528 Bharatiya Nagarik Suraksha Sanhita (hereinafter referred to as BNSS) has been filed with the prayer to quash the entire proceedings, including order dated 18.07.2024, of F.R. Case No. 9 / 12 of 2024 (Rashid Ali Khan Vs. Naurin Khan and others), arising out of Case Crime No.220 of 2023 under Sections 323, 504, 506, 452 IPC, P.S.- Kotwali, District- Rampur, pending in the court of First Additional Chief Judicial Magistrate, Rampur, on the basis of compromise between the parties. 3. Contention of learned counsel for the applicants is that dispute between the parties relates to matrimonial dispute. Now, they have settled their dispute amicably and a compromise has also been entered into between them. 4. Per contra, learned A.G.A. 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. 5. Considering the aforesaid submissions, present application is disposed of with a direction to the applicants to file original deed of compromise before the court concerned, within a period of 15 days. In case, such compromise is filed before the court below, the court concerned will verify the same after summoning the parties within a period of two months from the date of receiving the copy of compromise. 6. After verification of the compromise, court concerned will dispose of the impugned proceeding, in accordance with law. 7. It is further provided that for a period of two and a half months from today 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 BNSS, if required, for quashing of the impugned proceeding on the basis of verified compromise. Order Date :- 30.5.2025 'SP'/- Digitally signed by :- SANDEEP PAL High Court of Judicature at Allahabad