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2025 DAILYLAW 99899 (ALL)

MANSI AGARWAL v. STATE OF U.P. AND ANOTHER

NA528/37846/2025 · 2025-09-25

Vikas Budhwar

Criminal Appealbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 528 BNSS No. - 37846 of 2025 Court No. - 75 HON'BLE VIKAS BUDHWAR, J. 1. Sri Ankur Sharma along with Ms. Nidhi Agarwal, learned counsel for the applicant has submitted that though the present application has been preferred for quashing the entire criminal proceeding of Criminal Complaint Case No.213 of 2023 (Ajay Agarwal Vs. Mansi Agarwal) under section 138 N.I. Act, Police Station Prem Nagar, District Bareilly, pending in the court of learned A.C.J.M., Court No.5, Bareilly and for quashing the impugned order dated 20.08.2025 passed by learned Additional Sessions Judge, Court No.3, Bareilly in Criminal Revision No.324 of 2024 (Mansi Agarwal Vs. Ajay Agarwal and Anr.) as well as summoning order dated 29.03.2023 passed by learned A.C.J.M.,Court No.5, Bareilly but they confine their relief for compounding in terms of the judgement passed in the case of Damodar S. Prabhu vs. Sayed Babalal H., (2010) 5 SCC 663 and Sanjabi Tari vs. Kishore S. Borcar & Anr. passed in Criminal Appeal No.1755 of 2010 decided on 25th September, 2025. Since they had made the entire payments. 2. Learned A.G.A. as well as Sri Shushil Shukla and Sri R.P. Singh Chandel, who appeared for the opposite party no.2 though dispute that the entire payments have not been made but submit that it is always open for the applicant to file an application seeking compounding. 3. Accordingly, the application stands disposed of. 4. Requiring the applicant to prefer an application seeking compounding in terms of the Section 147 of the N.I. Act and the law for the land and this Court has no reasons to disbelieve that the same shall be decided strictly in accordance with law. 5. For the said purpose, the compounding application may be filed by 17th Versus Counsel for Applicant(s) : Ankur Sharma, Nidhi A. Sharma Counsel for Opposite Party(s) : G.A. Mansi Agarwal .....Applicant(s) State of U.P. and Another .....Opposite Party(s) October, 2025 and till the same is decided, no coercive action shall be taken against the applicant in Criminal Complaint Case No.213 of 2023 (Ajay Agarwal Vs. Mansi Agarwal) under section 138 N.I. Act, Police Station Prem Nagar, District Bareilly, pending in the court of learned A.C.J.M., Court No.5, Bareilly and for quashing the impugned order dated 20.08.2025 passed by learned Additional Sessions Judge, Court No.3, Bareilly in Criminal Revision No.324 of 2024 (Mansi Agarwal Vs. Ajay Agarwal and Anr.) as well as summoning order dated 29.03.2023 passed by learned A.C.J.M.,Court No.5, Bareilly. September 26, 2025 Zafar NA528 No. 37846 of 2025 2 (Vikas Budhwar,J.) Digitally signed by :- MOHAMMAD ZAFAR ANSARI High Court of Judicature at Allahabad