Allahabad High Court
SONU TIWARIversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The High Court declined to interfere with the trial court proceedings and disposed of the application under Section 528.
Summary
The applicant, Sonu Tiwari, filed an application under Section 528 of the Code of Criminal Procedure seeking to quash the order dated 30 July 2024 passed by the Additional Chief Judicial Magistrate, Bhadohi, and the entire proceedings in a complaint under Section 138 of the Negotiable Instruments Act. The High Court noted that the trial court was still hearing the case, with prosecution witnesses being examined, and that the parties could approach the trial court for mediation or settlement. The court held that any request for settlement should be made before the trial court, which has the authority to consider it. Since the trial court was actively proceeding and no immediate interference was warranted, the High Court declined to intervene. Consequently, the application under Section 528 was disposed of without any order to quash the proceedings.
Issues considered
- Whether the High Court should interfere and quash the order of the Additional Chief Judicial Magistrate and the proceedings under Section 138 of the Negotiable Instruments Act.
- Whether the parties can seek mediation or settlement at the trial court stage.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 528
- Negotiable Instruments Act, 1881 — s. 138
Subjects
- Criminal Procedure
- Section 528 CrPC
- Negotiable Instruments Act
- Section 138
- Quash Order
- Mediation
- Settlement
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 528 BNSS No. - 15136 of 2026
Sonu Tiwari
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite Party(s)
Counsel for Applicant(s) : Kumud Sudhaker Tripathi, Raj Narayan Gupta
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Heard learned counsel for the applicant; learned A.G.A. for the State and perused
the record.
2. The present 528 B.N.S.S. application has been filed to quash the impugned order
dated 30.07.2024 passed by the Additional Chief Judicial Magistrate, Bhadohi as well
as entire proceedings in Complaint Case No.38426 of 2023 (Pradeep Kumar Pandey
vs. Sonu Tiwari), under Section 138 of the Negotiable Instrument Act, Police Station
Gyanpur, District Bhadohi.
3. From perusal of order-sheet, prosecution witnesses are being examined and counsel
for the applicant has prayed that there is chances of mediation between the parties, if
matter is referred to Mediation & Conciliation Centre, High Court, Allahabad.
4. Since parties are appeared before trial court, he may approach trial court and make
prayer before the trial court in regard to settlement between the parties, if interested. If
such prayer is made before the trial court, the same will be considered by the trial
court. Since prosecution witnesses are being examined, no interference is required.
4. Hence, the application u/s 528 B.N.S.S. stands disposed off.
May 7, 2026
SKD
(Deepak Verma,J.)
Digitally signed by :-
SURJIT KUMAR DEY
High Court of Judicature at Allahabad
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