SMT. KUSUM AND ANOTHER v. STATE OF U.P. AND ANOTHER
NA528/26877/2025 · 2025-08-07
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 79540 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 79540 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Neutral Citation No. - 2025:AHC:134343 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 26877 of 2025 Applicant :- Smt. Kusum And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Shiromani Yadav Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Supplementary affidavit filed today is taken on record.
2. Sri Ram Shiromani Yadav, learned counsel for the applicants as per the instructions so received from his client submits that though the present application u/s 528 BNSS has been preferred by the applicant for quashing the Summoning order dated 20-01-2025 passed by learned Additional Chief Judicial Magistrate Court No.1 Rampur as well as entire criminal proceeding of Complaint Case No.1278 of 2024, (Uved Wahab Vs. Smt. Kusum) U/s 138 N.I.Act, P.S.-Kotwali Rampur, District- Rampur, pending in the Court of learned Additional Chief Judicial Magistrate Court No.1 Rampur. however, he confines his relief for taking appropriate proceedings for compounding in terms of 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 to him.
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 28.08.2025 and the court below shall decide the same with most expedition, preferably within a period of one month.
5. Till the application is decided no coercive action shall be taken against the applicant with respect to the further proceedings of Complaint Case No.1278 of 2024, (Uved Wahab Vs. Smt. Kusum) U/s 138 N.I.Act, P.S.-Kotwali Rampur, District- Rampur.
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 :- 8.8.2025 piyush Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad