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2025 DAILYLAW 67563 (ALL)

SMT. SWATI TYAGI v. STATE OF U.P. AND ANOTHER

NA528/21509/2025 · 2025-06-30

Vikas Budhwar

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:101381 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 21509 of 2025 Applicant :- Smt. Swati Tyagi Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ramesh Kumar Ojha,Surendra Narayan Mishra Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J. 1. Sri Ramesh Kumar Ojha, learned counsel for the applicant as per the instructions received from his client submits that though the present application has been preferred for quashing the summoning order dated 05.10.2024 passed by Additional Court, Muzaffarnagar in complaint case no. 11712 of 2024 (Smt. Beena Garg vs. Smt Swati Tyagi) U/s 138 of N.I. Act P.S. Khatauli, District Muzaffarnagar pending in the court of Additional Civil Judge, Muzaffarnagar, however, he confines his relief for a direction for approaching the court in view of the provisions contained U/s 147 of N.I. Act for compounding of the offences. 2. Learned AGA has no objection to the same. 3. Considering the submissions so made across the bar and the stand taken by them, the application stand disposed of directing the applicant to prefer an application/ proceeding for compounding of the offences U/s 147 of N.I. Act and the said application shall be decided in terms of the judgement in the case of Damodar S Prabhu Vs Sayed Babalal reported in AIR 2010 SC 1907 with most expedition. The applicant shall submit the said application for compounding by 18.07.2025 and the same shall be decided with most expedition say preferably within a period of two months. 4. Till the disposal of the said application, no coercive action shall be taken against the applicant in proceeding of summoning order dated 05.10.2024 passed by Additional Court, Muzaffarnagar in complaint case no. 11712 of 2024 (Smt. Beena Garg vs. Smt Swati Tyagi) U/s 138 of N.I. Act P.S. Khatauli, District Muzaffarnagar pending in the court of Additional Civil Judge, Muzaffarnagar. 5. The protection accorded to the applicant is only available subject to compliance of the terms and conditions and timeline as provided therein and in case of default, the order shall stand vacated without reference to the Bench. Order Date :- 1.7.2025 /C. MANI (Vikas Budhwar,J.) Digitally signed by :- CHANDRAMANI VERMA High Court of Judicature at Allahabad