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Neutral Citation No. - 2025:AHC:137473 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 23991 of 2025 Applicant :- Pradeep Kumar Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ashish Kumar Yadav,Pawan Kumar Yadav,Satyvendra Singh Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary Affidavit filed today is taken on record.
2. Sri Ashish Kumar Yadav, 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 proceeding of Complaint Case No. 1425 of 2022 (Anwar Ali Vs. Pradeep), under section 138 N.I. Act,. Police Station- Didauli, District-Amroha as well as summoning order dated 31.08.2022 issued by the Second Additional Civil Judge (Junior Division)/Judicial Magistrate Amroha, otherwise the applicant shall suffer irreparable, 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 preferred, protection 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 05.09.2025 and the court below is directed to decide the same with most expedition.
5. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the proceedings of Complaint Case No. 1425 of 2022 (Anwar Ali Vs. Pradeep), under section 138 N.I. Act,. Police Station- Didauli, District-Amroha as well as summoning order dated 31.08.2022 issued by the Second Additional Civil Judge (Junior Division)/Judicial Magistrate Amroha.
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 :- 13.8.2025 N.S.Rathour (Vikas Budhwar, J) Digitally signed by :- NIPENDRA SINGH RATHOUR High Court of Judicature at Allahabad