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2025 DAILYLAW 9958 (ALL)

ABDUL REHMAN ALIAS CHANGEJ SHAH AND 4 OTHERS v. STATE OF U.P. AND ANOTHER

A482/3953/2025 · 2025-02-17

Arun Kumar Singh Deshwal

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:23251 Court No. - 77 Case :- APPLICATION U/S 482 No. - 3953 of 2025 Applicant :- Abdul Rehman Alias Changej Shah And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dewarshi Kumar Rai Counsel for Opposite Party :- G.A.,Rajesh Kumar Mishra Hon'ble Arun Kumar Singh Deshwal,J. 1. Short counter affidavit filed by Shri Rajesh Kumar Mishra, learned counsel for the opposite party no. 2 today in the Court, is taken on record. 2. Heard Sri Dewarshi Kumar Rai, learned counsel for the applicants, Shri Rajesh Kumar Mishra, learned counsel for the opposite party no. 2 and Shri Rajesh Kumar Mishra, learned learned A.G.A. for the State and perused the record. 3. The present application has been filed to quash the order dated 26.07.2022 passed by Civil Judge (J.D.)/FTC, Court No. 21, Allahabad in Complaint Case No. 15656/2020 (Najiya Khatoon Vs. Abdul Rehman @ Changej Shah and others), under Sections 498-A, 323, 504, 506, 406 I.P.C. and Section 3/4 D.P. Act, P.S.- Mahila Thana, District- Prayagraj on the basis of compromise. 4. Contention of learned counsel for the applicants is that the dispute between the parties is matrimonial dispute and now both the parties have settled their dispute amicably, which was also reduced in written compromise deed dated 19.10.2024 and a copy of the same has already been filed before the court of A.C.J.M., Court No. 16, Allahabad and photocopy of the same has been annexed as Annexure No. 3 to this application and it is also prayed that on the basis of compromise, impugned proceeding may be quashed 5. 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. 6. 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 the court below may terminate the impugned proceeding on the basis of verified compromise in accordance with law. 7. 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. 8. However, the applicant is granted liberty to file a fresh application under Section 528 BNSS to quash the main proceedings, if need arises. Order Date :- 18.2.2025 Sharad/- Digitally signed by :- SHARAD KUMAR SRIVASTAVA High Court of Judicature at Allahabad