Disposed
Dharmendra Nishad v. State of U.P. and Another
Allahabad HCA482/5558/2021
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Case :- APPLICATION U/S 482 No. - 5558 of…
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Case :- APPLICATION U/S 482 No. - 5558 of…
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Court No. - 86 Case :- APPLICATION U/S 482 No. - 5558 of 2021 Applicant :- Dharmendra Nishad Opposite Party :- State of U.P. and Another Counsel for Applicant :- Aqeel Ahmad Counsel for Opposite Party :- G.A.
Hon'ble Umesh Kumar,J.
Heard learned counsel for the applicant and learned A.G.A. appearing for State and perused the record.
This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceeding of Complaint Case No. 418 of 2019 (Nasreen Versus Dharmendra) under Section 138 of Negotiable Instrument Act, Police Station-Kotwali, District-Jaunpur as well as summoning order dated 07.08.2019 and NBW order dated 08.01.2021, pending in the Court of Judicial Magistrate Ist,Jaunpur.
Learned Counsel for the applicant submits that the matter relates to transactional dispute between the parties and as the offences are compoundable, the applicant is willing to make a compromise. Learned counsel for the applicant submits that there is every likelihood of settlement of dispute between the parties amicable if the matter is referred to District Mediation Centre, Jaunpur.
Under aforesaid circumstances, the matter is sent to trial court concerned who may consider to refer the same for mediation, after obtaining consent of opposite party no.2, within 15 days from the date of receipt of a copy of this order. If the mediation fails, the trial court shall proceed against the applicant in accordance with law.
As an interim measure, proceeding in aforesaid case shall be kept in abeyance for a period of one month from today. The applicant is directed to file copy of this order before the court below within 10 days from today for compliance, failing which, interim protection given by this Court shall cease to operate and law will take its own course.
In view of aforesaid observations, this application under Section 482 Cr.P.C. is disposed of finally.
Order Date :- 6.9.2021/MN/-
Dharmendra Nishad
State of U.P.
Umesh Kumar
As recorded by the court registry
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