Khushboo Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. ...

1. Heard learned counsel for the applicant and learned A.G.A. for the State. 2. This application U/S 482 Cr.P.C. has been filed with a prayer to quash the entire proceeding including summoning order dated 14.12.2022 in Case No. 86209 of 2022, under Section 138 of Negotiable Instrument Act, 1881, Police Station Thakurganj, District Lucknow, pending before Additional Judge, Court No.4, Lucknow. 3. After arguing at some length, learned counsel for the applicant does not want to press this application on merits. He has further submitted that the applicant is ready to cooperate in the proceedings and will appear before the trial court within three weeks from today. It is submitted that there is chance of mediation between the parties. 4. A perusal of the impugned complaint and the summoning order does not disclose any such manifest illegality or jurisdictional error or an abuse of process of Court so as to call for interference by this Court in exercise of its jurisdiction under Section 482 Cr.P.C. It is a case under Section 138 of Negotiable Instruments Act where an offence of dishonour of a cheque is involved. This Court, therefore, declines to quash the proceedings. 5. It will, however, be open to the applicant to appear before the Magistrate and pray for compounding the case in accordance with the principles laid down by the Supreme Court in Damodar S. Prabhu vs. Sayed Babalal H., 2010 (5) SCC 663. In case, the applicant appears before the Magistrate within three weeks from today through counsel and moves an application seeking to compound the offences, the Magistrate shall dispose of the application in accordance with law within three months bearing in mind the relevant directions in Damodar S. Prabhu (supra) after providing opportunity of hearing to all parties concerned. If the orders made do not work to bring proceedings to an end in accordance with law, the trial shall proceed and brought to its logical conclusion, where the applicant will have all defence open to her under the law. 6. For a period of three months, no coercive steps shall be adopted against the applicant in respect of the aforesaid case. 7. The application is disposed of in terms of the aforesaid orders. (Brij Raj Singh,J.) May 7, 2026 Mohit Singh/-