Court No. - 55
Case :- APPLICATION U/S 482 No. - 37101 of 2018 Applicant :- Asif Samdani Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Wahaj Ahmad Siddiqui,Mohammad Maseeh Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel for the applicant and learned A.G.A. for the State.
The present application under section 482 Cr.P.C. has been filed for quashing the entire proceeding of complainant Case No.772 of 2016 (Nafisullah Khan Vs. Asif Samdani), under Section 138 of N.I. Act, P.S. Kareli, District Allahabad as well as summoning order dated 24.12.2016 and NBW order dated 15.12.2017 pending in the court of A.C.J.M., Court No. 9, Allahabad.
Learned counsel for the applicant submits that the applicant is ready to settle the dispute with opposite party no. 2 in the light of the judgement of the Apex Court in the case of DAMODAR S. PRABHU Vs. SAYED BABALAL H. reported in 2010(5) SCC 663.
Considering the facts and circumstances of the case, it is hereby directed that in case the applicant appears before the Court below within a period of four weeks from today and moves an appropriate application for recall of the NBW order as well as to compromise the matter, in view the law laid down by the Apex Court in the case of DAMODAR S. PRABHU (supra) within a period of four weeks after hearing opposite party no.2.
For a period of eight weeks from today, no coercive action shall be taken against the applicant.
With the aforesaid observation, the application is disposed off.
Order Date :- 29.10.2018 Dev/-