Court No. - 55
Case :- APPLICATION U/S 482 No. - 39177 of 2018 Applicant :- Smt. Shilpi Saxena Alias Shilpi Mehta Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Manoj Kumar Srivastava Counsel for Opposite Party :- G.A.
Hon'ble Vivek Kumar Singh,J.
Heard learned counsel the applicants and learned A.G.A. for the State and perused the record.
The present 482 Cr.P.C. petition has been filed for quashing the entire proceeding of Complaint Case No.2007 of 2017, police station Kotwali, District Bareilly as well as summoning order dated 13.7.2017, pending in the Court of Judicial Magistrate,1st, Bareilly and order dated 6.7.2018 passed by A.D.J.,Court No.9, Bareilly passed in Criminal Revision No. 357 of 2017 under section 138 N.I.Act.
Learned counsel for the applicants submits that the applicants are ready to settle the dispute with opposite party no.2 in the light of the judgment 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 applicants appear before the Court below within a period of four weeks from today and move an appropriate application to compromise the matter, the same shall be considered and disposed of by the Court below keeping in view the law laid down by the Apex Court in the case of DAMODAR S. PRABHU (supra) within a further 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 observations, the application is disposed of.
Order Date :- 30.10.2018 IA