Citation : 2023 Latest Caselaw 7889 ALL
Judgement Date : 17 March, 2023
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Court No. - 70 Case :- APPLICATION U/S 482 No. - 42510 of 2022 Applicant :- Aayush Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shivendra Raj Singhal Counsel for Opposite Party :- G.A. Hon'ble Shekhar Kumar Yadav,J.
Heard Mr. Shivendra Raj Singhal, 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. 1695 of 2018, under Section 138 of Negotiable Instrument Act, Police Station Jhunsi, District Allahabad pending in the court of Additional Chief Judicial Magistrate, Court No.5, Allahabad and impugned order of summoning dated 20.06.2019 as well as impugned order dated 06.07.2022 passed by learned Additional District Judge/Additional Special Judge (POCSO Act), Court No.2, Allahabad.
After the matter had been heard for some time, 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 and move an appropriate application to compromise the matter, the same shall be considered and disposed of expeditiously by the Court below 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 :- 17.3.2023
Ajeet
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