Nilesh Singh vs State Of U.P. And Another
2025 Latest Caselaw 12295 ALL

Allahabad High Court

Nilesh Singh vs State Of U.P. And Another on 10 November, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:197630
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 43778 of 2025   
 
   Nilesh Singh    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Chandra Shekhar Sharma   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 76
 
   
 
 HON'BLE VIKRAM D. CHAUHAN, J.       

1. Heard learned Counsel for the applicant and learned A.G.A for the State.

2. This application has been filed by the applicant for quashing the entire proceedings of the Complaint Case No. 776 of 2023 under Section 138 N.I. Act (Kavita Singh Versus Nilesh Singh) as well as summoning order dated 05.01.2023 issued against the applicant pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate Court No.09, Varanasi and further to stay the Complaint Case No. 775 of 2023 under Section 138 N.I. Act (Kavita Singh Versus Manohar Yadav) as well as summoning order dated 05.01.2023 issued against the applicant, pending in the court of Additional Civil Judge (J.D.)/Judicial Magistrate Court No.09, Varanasi.

3. It is submitted by learned counsel for the applicant that applicant is ready to apply for compounding of the offence in light of the judgment dated 25.9.2025 of the Supreme Court in the case of Sanjabij Tari Vs. Kishore S. Borcar and another passed in Criminal Appeal No.1755 of 2010. He submits that liberty may be granted to the applicant to approach the court concerned for compounding of the offence in accordance with law considering the directions issued by Supreme Court in the case of Sanjabij Tari (supra).

4. In the event, the applicant files the compounding application before the court concerned within 20 days from today, the same would be decided within a period of two months thereafter. Till the decision of the compounding application, the applicant shall not be arrested provided the applicant participate in the trial proceedings. If the applicant fails to appear before the court concerned, the court concerned is at liberty to proceed with the case in accordance with law.

5. The application stands disposed of.

(Vikram D. Chauhan,J.)

November 10, 2025

VMA