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Neutral Citation No. - 2025:AHC:48386 Court No. - 73 Case :- APPLICATION U/S 528 BNSS No. - 10832 of 2025 Applicant :- Smt. Jarina Begum Opposite Party :- State of U.P. and Another Counsel for Applicant :- Rajan Tripathi Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Heard Sri Rajan Tripathi, learned counsel for the applicant and Sri Moti Lal, learned A.G.A.
2. Learned counsel for the applicant 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 Vs. Syed Babu Lal S. Prabhu, (2010) 5 SCC 663 and till the said application is preferred, direction be accorded.
3. Learned A.G.A. has no objection to the same.
4. 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 25.04.2025 and the court below is directed to decide the same with most expedition, preferably by 23.05.2025.
5. Till 23.05.2025, no coercive action shall be taken against the applicant with respect to summoning order dated 02-03-2024 passed by Additional Chief Judicial Magistrate-5, Kanpur Nagar in Complaint Case No. 4484 of 2024 (Smt. Hazara Begum Vs. Smt. Jarina) Under Section 138 Ν.Ι. Act, Police Station Rawatpur, District Kanpur Nagar, pending before the Court of Additional Chief Judicial Magistrate-5, Kanpur Nagar.
6. 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 :- 5.4.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad