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2025 DAILYLAW 9033 (ALL)

SEBU ALIAS ABDULLAH v. STATE OF U.P. AND ANOTHER

NA528/2312/2025 · 2025-03-04

Manju Rani Chauhan

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:32001 Court No. - 52 Case :- APPLICATION U/S 528 BNSS No. - 2312 of 2025 Applicant :- Sebu Alias Abdullah Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Fazal Ansari,Mohd. Mobin Ansari Counsel for Opposite Party :- G.A.,Mohd Muqeem Ansari Hon'ble Mrs. Manju Rani Chauhan,J. Heard Mr. Mohd. Mobin Ansari, learned counsel for the applicants, Mr. Mohd Muqeem Ansari, learned counsel for the opposite party no.2 and Mr. Akhilesh Kumar Srivastava, learned A.G.A. for the State. The present application has been filed to quash the charge sheet dated 07.09.2022 as well as cognizance order dated 23.04.2023 and the entire proceedings of State Case No.2049 of 2023, arising out of Case Crime No.284 of 2020, under Sections 498A, 323, 326, 504, 506 I.P.C. and Section 3/4 D.P. Act, Police Station- Attarsuiya, District-Prayagraj, on the basis of compromise, pending before Judicial Magistrate, Room, No.7, Prayagraj. Learned counsel for the applicants submits that parties have amicably settled their dispute and have entered into compromise after which they have decided to live separately. In this regard, compromise deed on behalf of both the parties has been moved before the Court concerned mentioning therein that they have entered into compromise and they do not want to press the case, copy of said compromise has been annexed as Annexure no.5 to this application. Therefore, no useful purpose would be served in continuing the proceedings before the court below and the same is not only sheer wastage of time of the Court but also abuse of the process of law. Hence, proceedings of the aforesaid case be quashed in the light of law laid down by the Apex Court in the case of Gian Singh v. State of Punjab reported in (2012) 10 SCC 303. Learned A.G.A. as well as learned counsel for the opposite party no.2 has no objection to the aforesaid. In view of the above, the parties are directed to appear before the court below along with copy of compromise deed and certified copy of this order. It is expected that the trial court may fix a date for the verification of the compromise and after ensuring the presence of parties, pass an appropriate order with respect to the same in accordance with law, as expeditiously as possible, preferably within a period of two months from today. While passing the order verifying the compromise, the concerned court shall also record the statements of the parties as to whether all the terms and conditions mentioned in the original compromise deed, so filed, have been fulfilled or not. The court in that scenario will allow the parties to obtain certified copy of the order verifying the compromise deed and it will be open to the applicants to approach this Court again for quashing of the proceedings. For a period of two months or till verification of compromise between the parties by the Court concerned, whichever is earlier, no coercive action shall be taken against the applicants in the aforesaid case. With the aforesaid directions, this application is finally disposed of. Order Date :- 5.3.2025 Rahul. Digitally signed by :- RAHUL GOSWAMI High Court of Judicature at Allahabad