ABDULLAH AND 2 OTHERS v. STATE OF U.P. AND ANOTHER
A482/2513/2025 · 2025-01-24
Arun Kumar Singh Deshwal
body2025
DailyLaw.ai
[ 2025 DAILYLAW 9658 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 9658 (ALL) · dailylaw.ai ]
Judgment text
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Neutral Citation No. - 2025:AHC:13008 Court No. - 77 Case :- APPLICATION U/S 482 No. - 2513 of 2025 Applicant :- Abdullah And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Avneesh Mishra,Shikhar Tandon Counsel for Opposite Party :- G.A. Hon'ble Arun Kumar Singh Deshwal,J.
1. Heard Sri Shikhar Tandon, learned counsel for the applicant through video conferencing and Shri P.P. Tiwari, learned learned A.G.A. for the State and perused the record. 2. The present 482 Cr.P.C. application has been filed to quash the impugned charge sheet dated 01.06.2023 as well as cognizance and summoning order dated 24.10.2024 passed by Additional Civil Judge/Additional Chief Judicial Magistrate, Court No. 1, Bulandshahr in Case Crime No. 48 of 2023, under Sections 498-A, 323 I.P.C. and Section 3/4 D.P. Act, P.S.- Agauta, District- Bulandshahr as well as entire Criminal Proceeding in Case No. 26226/2024 (State Vs. Abdullah and others.)
3. Contention of learned counsel for the applicants is that the matrimonial discord between the parties has culminated into the main proceeding and during the pendency of this application, both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 04.01.2025, copy of same has been annexed at Page No.-80. It is further submitted that original deed of compromise has already been filed before the court below and it is also prayed that on the basis of compromise, impugned proceeding may be quashed
4. However, learned A.G.A. has submitted that the aforesaid
compromise is yet to be verified by the court below, therefore, a direction may be issued to court below to verify the aforesaid compromise. 5. In view of the above, present application is disposed of with direction to learned court below to verify the aforesaid compromise after summoning the parties and on verification of the aforesaid compromise, the court below will permit the opposite party no.2 to withdraw the proceeding against applicants. 6. It is further directed that the aforesaid exercise shall be concluded by the court below within a period of two months and for a period of two months, no coercive action shall be taken against the applicants. 7. However, the applicants are granted liberty to file a fresh application under Section 482 Cr.P.C./528 BNSS to quash the main proceedings, if need arises.
Order Date :- 24.1.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad