Citation : 2023 Latest Caselaw 4110 ALL
Judgement Date : 8 February, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 68 Case :- APPLICATION U/S 482 No. - 22397 of 2022 Applicant :- Devendra Bhardwaj And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Kaustubh Srivastava, Kandarp Srivastava Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard learned counsel for the applicants and learned Additional Government Advocate for the State.
This 482 Cr.P.C. application has been filed with a prayer to quash the entire proceedings of Complaint Case No.5349 of 2017, under Section 138 of Negotiable Instrument Act, Police Station Hari Parvat, District Agra as well as impugned summoning order dated 21.8.2018 passed by Atirikt Nayayalaya, Court No.1, Agra.
Learned counsel for the applicants submits that the applicants are ready to settle the dispute with opposite party no.2 in the light of the judgment of the Apex Court in the case of Damodar S. Prabhu vs. Sayed Babalal H, 2010 (5) SCC 663.
Considering the facts and circumstances of the case, it is hereby directed that in case the applicants appear before the Court below and move an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below, expeditiously, keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra).
With the aforesaid observations, the application is disposed of.
Order Date :- 8.2.2023
Ajeet
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