Afzal Khan @ Raju v. State of U.P. and Another

Court No. - 93 Case :- APPLICATION U/S 482 No. - 45777 of 2023 Applicant :- Afzal Khan @ Raju Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sanjay Pathak,Jaki Ahmad Counsel for Opposite Party :- G.A. Hon'ble Manoj Bajaj,J. Applicant has filed this application under Section 482 Code of Criminal Procedure for quashing of the entire proceedings of Complaint Case No. 12664 of 2022; titled Amirul Iman Khan vs. Afzal Khan @ Raju, under Section 138 Negotiable Instruments Act, 1881, Police Station Akbarpur, District Kanpur Dehat pending before the Judicial Magistrate, Kanpur Dehat. Learned counsel for the applicant states that he is willing to settle the dispute with the complainant, who has filed a criminal complaint against the applicant under Section 138 Negotiable Instruments Act, 1881. During the course of hearing, learned counsel for the applicant fairly states that attempt in this regard has not been made before the trial court so far. Considering the submissions of learned counsel for the applicant, this Court deems it appropriate that at the first instance, the applicant should make an attempt to settle the dispute with the complainant before the Magistrate, where the case is pending. With this observation, the application is disposed of. Order Date :- 15.12.2023 Brijesh High Court of Judicature at Allahabad