Rahul Kumar vs State Of U.P. And Another
2025 Latest Caselaw 4507 ALL

Allahabad High Court

Rahul Kumar vs State Of U.P. And Another on 13 August, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


?Neutral Citation No. - 2025:AHC:137707
 
Court No. - 75
 
Case :- APPLICATION U/S 528 BNSS No. - 28336 of 2025
 
Applicant :- Rahul Kumar
 
Opposite Party :- State of U.P. and Another
 
Counsel for Applicant :- Rajiva,Suresh Chandra
 
Counsel for Opposite Party :- G.A.
 

 
Hon'ble Vikas Budhwar,J.
 

1. Sri Suresh Chandra, learned counsel for the applicant as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the entire proceeding of order dated 01-12-2021 passed by IInd Civil Judge (Senior Division)/Judicial Magistrate, Bulandshahr in Complaint Case No. 1177/2019 (Amit Kumar Vs. Rahul Kumar) U/s 138 of N.I. Act at Police Station-Kotwali Nagar, District Bulandshahr, however, he confines his relief for taking appropriate proceedings for compounding in terms of Section 147 of the N.I. Act and a direction be issued to the court below to decide the application in light of the judgment in the case of Damodar S. Prabhu Vs. Syed Babalal, (2010) 5 SCC 663 and till the said application is preferred, protection be accorded to him.

2. Learned A.G.A. has no objection to the same.

3. Considering the submissions so made across the Bar, the application is disposed of directing the applicant to file the proceedings for compounding under Section 147 of N.I. Act by 4.09.2025 and the court below shall decide the same with most expedition, preferably within a period of one month.

4. Till the disposal of the said proceeding, no coercive action shall be taken against the applicant with respect to the order dated 01-12-2021 passed by IInd Civil Judge (Senior Division)/Judicial Magistrate, Bulandshahr in Complaint Case No. 1177/2019 (Amit Kumar Vs. Rahul Kumar) U/s 138 of N.I. Act at Police Station-Kotwali Nagar, District Bulandshahr.

5. The protection accorded to the applicant is only available subject to compliance of terms and conditions and timeline as provided herein and in case of default, the order shall stand vacated without reference to the Bench.

Order Date :- 13.8.2025/piyush