Allahabad High Court
Smt Sarvesh Singh vs State Of U.P. And Another on 19 August, 2025
HIGH COURT OF JUDICATURE AT ALLAHABAD ?Neutral Citation No. - 2025:AHC:140863 Court No. - 75 Case :- APPLICATION U/S 528 BNSS No. - 30202 of 2025 Applicant :- Smt Sarvesh Singh Opposite Party :- State of U.P. and Another Counsel for Applicant :- Dharmendra Kumar Rajput Counsel for Opposite Party :- G.A. Hon'ble Vikas Budhwar,J.
1. Sri Dharmendra Kumar Rajput, 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 summoning order dated 13.09.2021 passed in Complaint Case no.638 of 2021 (Smt. Sarla Devi vs. Smt. Sarvesh Devi) under Section 138 of N.I. Act, P.S. Banna Devi, Aligarh, directing the court of Presiding Officer Additional Court, Aligarh to permit the parties of the case to enter into the compromise, 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.
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 11.09.2025 and the court below is directed to decide the same with most expedition.
4. Till disposal of the proceedings, no coercive action shall be taken against the applicant with respect to the summoning order dated 13.09.2021 passed in Complaint Case no.638 of 2021 (Smt. Sarla Devi vs. Smt. Sarvesh Devi) under Section 138 of N.I. Act, P.S. Banna Devi, Aligarh, directing the court of Presiding Officer Additional Court, Aligarh.
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.
Order Date :- 19.8.2025 N.S.Rathour (Vikas Budhwar, J)