Barahsaini vs State Of U.P. And Another
2023 Latest Caselaw 1972 ALL

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 

?Court No. - 68
 

 
Case :- APPLICATION U/S 482 No. - 22270 of 2022
 

 
Applicant :- Barahsaini
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Sudist Kumar
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Shekhar Kumar Yadav,J.

Heard Mr. Sudist Kumar, learned counsel for the applicant 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. 10092 of 2020, under Section 138 Negotiable Instrument Act, pending in the court of Chief Judicial Magistrate, Etah arising out of summoning order dated 12.2.2021.

Learned counsel for the applicant submits that the applicant is 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 applicant appears before the Court below within a period of one week from today and move an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below keeping in view the law laid down by the Apex Court in the case of Damodar S. Prabhu (supra) within a further period of one week after hearing opposite party no.2.

For a period of two weeks from today, no coercive action shall be taken against the applicant.

With the aforesaid observations, the application is disposed of.

Order Date :- 18.1.2023

Ajeet