Allahabad High Court
SANDEEP KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 482 CrPC is dismissed as the applicants’ conduct amounts to an abuse of process.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief after a matter was referred to a Mediation Centre. The court noted that, although the matter was referred to mediation on 23 October 2024, the applicants failed to deposit the required Rs 30,000 with the Mediation Centre, as shown in the mediation report dated 21 December 2024. Consequently, no notice was issued to the second opposite party. The court observed that the applicants had taken advantage of an interim order and then deliberately avoided the mediation requirement, characterising their conduct as mischievous and unfair. On this basis, the High Court dismissed the Section 482 application with the accompanying observations.
Issues considered
- Whether the applicants’ failure to deposit the mediation fee amounts to an abuse of the process under Section 482 CrPC
- Whether the High Court should entertain the application under Section 482 in the circumstances
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482 CrPC
- abuse of process
- mediation
- interim order
- high court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 26513 of 2024
Sandeep Kumar And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Anemash Kumar Kushwaha, Deepak
Kumar Verma
Counsel for Opposite Party(s) : G.A., Hari Prakash Pal
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Case called out in the revse list. Learned counsel for the parties are
present.
2. On perusal of record, it is apparent that vide order dated 23.10.2024, matter
was referred to Mediation Centre and as per Mediation Centre report dated
21.12.2024, applicants have not deposited required amount of Rs.30,000/-
before Mediation Centre, as a result thereof, no notice has been issued to the
opposite party no.2.
3. Since, on the request of applicants' counsel, the matter was referred to
Mediation Centre but applicants have not deposited the amount before
Mediation Centre and applicants enjoyed interim order, as such, the act of
applicants seems to be mischievous and not fair, hence, the present
application U/s 482 is hereby dismissed with the aforesaid observation.
May 14, 2026
Fahad
(Deepak Verma,J.)
Digitally signed by :-
FAHAD NIYAZ
High Court of Judicature at Allahabad
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