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2025 DAILYLAW 67037 (ALL)

SARTAZ ALIAS SHABLU AND 4 OTHERS v. State of U.P. AND ANOTHER

A482/18787/2024 · 2025-04-07

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:52323 Court No. - 75 Case :- APPLICATION U/S 482 No. - 18787 of 2024 Applicant :- Sartaz Alias Shablu And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sunil Kumar Srivastava Counsel for Opposite Party :- G.A.,Karunesh Narayan Tripathi Hon'ble Arun Kumar Singh Deshwal,J. 1. Heard Sri Sunil Kumar Srivastava, learned counsel for the applicants, Sri Karunesh Narayan Tripathi, learned counsel for the opposite party no.2 and Sri Ramesh Kumar, learned A.G.A. for the State. 2. The present application has been filed to quash/set aside the entire proceeding including impugned charge sheet dated 29.12.2022 as well as cognizance order dated 21.04.2023 passed by learned Additional Civil Judge/FTC-41, Shahjahanpur, in Criminal Case No. 420 of 2023 (State Vs. Sartaz Alias Shablu and others) arising out of Case Crime No. 400 of 2022 u/s 498-A, 323, 504, 506 I.P.C. and Section 3/4 Dowry Prohibition Act, Police Station- Kotwali, District- Shahjahanpur, pending in the court of Additional Civil Judge/F.T.C.-41, Shahjahanpur. 3. 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 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 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. 6. After verification of the compromise, court below 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 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 B.N.S.S., if required, to quash the impugned proceeding on the basis of verified compromise. Order Date :- 8.4.2025 KS Digitally signed by :- KISHAN SINHA High Court of Judicature at Allahabad