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Allahabad High Court

SANDEEP KUMAR AND 4 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

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

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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