GOPESHWAR SHARAN SHARMA v. STATE OF U.P. AND ANOTHER
NA528/34530/2025 · 2025-09-09
Vikas Budhwar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 92578 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 92578 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 34530 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J.
1. Learned counsel for the applicant 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 entire proceeding of complaint case No. 1660 of 2021, Vikram Singh Vs. Gopeshwar Sharan, under sections 138 of N.I. Act, Police Station Vrindavan, District Mathura along with summoning order dated 30.11.2023 and order of N.B.W. dated 20.01.2025 by Civil Judge (Junior Division), F.T.C./Judicial Magistrate, Mathura, 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.
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 shall decide the same with most expedition.
4. Till the disposal of the said proceedings, no coercive action shall be taken against the applicant with respect to the complaint case No. 1660 of 2021, Vikram Singh Vs. Gopeshwar Sharan, under sections 138 of N.I. Act, Police Station Vrindavan, District Mathura along with summoning Versus Counsel for Applicant(s) : Gyanedra Pratap Singh Counsel for Opposite Party(s) : G.A. Gopeshwar Sharan Sharma .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
order dated 30.11.2023 and order of N.B.W. dated 20.01.2025 by Civil Judge (Junior Division), F.T.C./Judicial Magistrate, Mathura.
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. September 10, 2025 piyush NA528 No. 34530 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- PIYUSH KUMAR High Court of Judicature at Allahabad