Khushboo Singh vs State Of U.P. Thru. Prin. Secy. Home Lko. ...
- Neutral2026:AHC-LKO:32880
Ratio decidendi
The rule this decision rests on
An applicant in criminal proceedings under section 482 of the Code of Criminal Procedure may be granted time to approach the Magistrate to seek compounding of offences in accordance with the principles established in Damodar S. Prabhu v. Sayed Babalal H., and the Magistrate shall dispose of such compounding application within three months after providing hearing to all parties, with the understanding that if compounding does not succeed, the trial shall proceed to its logical conclusion with all defences available to the accused. During the period allowed for the applicant to move for compounding of offences, coercive steps shall be stayed against the applicant in respect of the pending case.
Written by Miss Lucy from the judgment below, not taken from a headnote.
Judgment
As delivered
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/-
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