NOOR MOHAMMAD AND 4 OTHERS v. STATE OF U.P. AND 2 OTHERS
A482/1823/2025 · 2025-03-18
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 7288 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 7288 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:42190 Court No. - 75 Case :- APPLICATION U/S 482 No. - 1823 of 2025 Applicant :- Noor Mohammad And 4 Others Opposite Party :- State Of U.P. And 2 Others Counsel for Applicant :- Puneet Bhadauria Counsel for Opposite Party :- Dipak Kumar Patel,G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Puneet Bhadauria, learned counsel for the applicants, Sri Dipak Kumar Patel, learned counsel for opposite party no.2 and Sri Pankaj Srivastava, learned AGA for the State.
2. The present application has been filed to quash the impugned cognizance/summoning order dated 15.10.2008 passed by the learned Additional Civil Judge (J.D.) Court no.4, Etawah, under Sections-498A, 323, 504 and 506 IPC and Section-3/4 of D.P. Act, Police Station-Chaubia, District-Etawah as well as entire proceeding of Case No.2383 of 2010, State Vs. Noor Mohammad & Ors.), pending before Additional Civil Judge (J.D.) Court no.4, Etawah.
3. 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 they have settled their dispute amicably and a written compromise dated 30.11.2024 has also been entered into between them. Though, copy of the same has been given to Investigating Officer but Investigating Officer instead of considering the same, erroneously filed impugned chargesheet.
4. Per contra, learned AGA has raised a preliminary objection that after filing of the chargesheet, compromise is yet to be verified by the court below, therefore, proceeding cannot be quashed on the basis of compromise entered into during investigation.
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. 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.
7. It is further provided that applicants are at liberty to file fresh application u/s 528 of BNSS, if required to quash the impugned proceeding on the basis of verified compromise.
Order Date :- 19.3.2025 Akbar Digitally signed by :- MOHAMMAD AKBAR High Court of Judicature at Allahabad