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Allahabad High Court

MOHD ISHA AND 7 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed for want of prosecution due to the applicants' non‑appearance and failure to comply with the mediation requirement.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief, and requested mediation. The matter was referred to a mediation centre, but the applicants failed to deposit the required Rs. 25,000 as per the mediation report dated 11.05.2025. No counsel appeared on behalf of the applicants at the hearing, and the opposite party’s counsel was the only representative present. The Court dismissed the application for want of prosecution, vacated any interim order, and directed the trial court to proceed as per law. The order was to be communicated to the trial court by the Registrar.

Issues considered

  • What is the effect of the applicants' failure to appear and to deposit the mediation sum on the pending application under Section 482?
  • Whether the Court can entertain the application in the absence of any representative of the applicants.

Legislation cited

Subjects

  • Section 482
  • inherent powers of High Court
  • mediation
  • procedural default
  • application dismissed

Judgment

                                             HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 482 No. - 2023 of 2025

                                    Mohd Isha And 7 Others
                                                                                                   .....Applicant(s)
                                                                        Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)      : Ashok Kumar Yadav, Sandeep Kumar
                                                                    Dubey
                                    Counsel for Opposite Party(s) : Brijesh Chand Kaushik, G.A.

                                    Court No. - 83
                                                       HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called on. No one is present on behalf of the applicants, even in the
                                    revised list.

                                    2. Mr. Brijesh Chand Kaushik, learned Counsel for opposite party no.2 and
                                    learned A.G.A. are present.

                                    3. This matter was referred for mediation on the request of learned Counsel
                                    for the applicants. As per report of the mediation centre dated 11.05.2025,
                                    the applicants did not deposit the required sum of Rs. 25,000/- with the
                                    Mediation Centre.

                                    4. Since no one is present on behalf of the applicants to press this
                                    application, this application is dismissed for want of prosecution.

                                    5. Interim order, if any, stands vacated.

                                    6. The Trial Court is at liberty to proceed with the matter as per law.

                                    7. Let this order be communicated to the Trial Court concerned by the
                                    Registrar (Compliance).

                                    September 29, 2026
                                    Vijay
                                                                                            (Chawan Prakash,J.)




Digitally signed by :-
VIJAY KUMAR SAHU
High Court of Judicature at Allahabad


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