Anita Singh vs State Of U.P. And Another
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Allahabad High Court

Anita Singh vs State Of U.P. And Another on 9 September, 2025

HIGH COURT OF JUDICATURE AT ALLAHABAD
 
 


Neutral Citation No. - 2025:AHC:158106
 

 
HIGH COURT OF JUDICATURE AT ALLAHABAD 
 
APPLICATION U/S 528 BNSS No. - 32927 of 2025   
 
   Anita Singh    
 
  .....Applicant(s)   
 
 Versus  
 
   State of U.P. and Another    
 
  .....Opposite Party(s)       
 
   
 
  
 
Counsel for Applicant(s)   
 
:   
 
Nilay Kumar Pandey   
 
  
 
Counsel for Opposite Party(s)   
 
:   
 
G.A.   
 
     
 
 Court No. - 75
 
   
 
 HON'BLE VIKAS BUDHWAR, J.       

1. Sri Nilay Kumar Pandey, learned counsel for the applicant on instructions received from his client submits that though the application u/s 528 BNSS has been preferred by the applicant for quashing the summoning order dated 20.8.2021 passed by learned Additional Judge, Varanasi in Complaint Case No. 545 of 2021, Vimlesh Kumar Singh Vs. Anita Singh, as well as entire proceedings of Complaint Case No. 545 of 2021, Vimlesh Kumar Singh Vs. Anita Singh, under Section 138 of Negotiable Instrument Act, Police Station Shivpur, District Varanasi pending in the court of Additional Judge, Varanasi., however, he has made a statement at Bar that as per instructions received by him, the applicant would approach the court below for compounding of the offences under 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 decided, protection be accorded.

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 26.09.2025 and the court below is directed to decide the same with most expedition.

4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the summoning order dated 20.8.2021 passed by learned Additional Judge, Varanasi in Complaint Case No. 545 of 2021, Vimlesh Kumar Singh Vs. Anita Singh, as well as proceedings of Complaint Case No. 545 of 2021, Vimlesh Kumar Singh Vs. Anita Singh, under Section 138 of Negotiable Instrument Act, Police Station Shivpur, District Varanasi pending in the court of Additional Judge, Varanasi.

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.

(Vikas Budhwar,J.)

September 9, 2025

N.S.Rathour