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Allahabad High Court

IRSHAD AHMADversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The court dismissed the application under Section 482 CrPC, holding that the petitioner’s conduct was mischievous and he failed to fulfill the mediation Centre’s requirement.

Summary

The petitioner, Irshad Ahmad, filed an application under Section 482 of the Criminal Procedure Code seeking quash of proceedings. The matter had been referred to a Mediation Centre, where the petitioner was required to deposit Rs.30,000 but failed to do so, resulting in no notice to the second opposite party. Despite enjoying an interim order, the petitioner’s failure to comply with the mediation requirement was deemed mischievous and unfair. The court examined the record and found no merit in the application. Consequently, the application under Section 482 was dismissed.

Issues considered

  • Whether the application under Section 482 CrPC should be dismissed due to the petitioner’s failure to deposit the mediation fee and alleged mischievous conduct.

Legislation cited

Subjects

  • Criminal Procedure Code
  • Section 482
  • quash petition
  • mediation
  • frivolous application
  • interim order

Judgment

                                                   HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                        APPLICATION U/S 482 No. - 28003 of 2024

                                    Irshad Ahmad
                                                                                                              .....Applicant(s)
                                                                             Versus
                                    State of U.P. and Another
                                                                                                         .....Opposite Party(s)

                                    Counsel for Applicant(s)                           :    Ajeet Kumar Srivastava
                                    Counsel for Opposite Party(s)                      :    G.A.

                                    Court No. - 74
                                                              HON'BLE DEEPAK VERMA, J.

                                    1. Case called out in the revse list. None appears to press this application.

                                    2. On perusal of record, it is apparent that vide order dated 17.10.2024, matter was
                                    referred to Mediation Centre and as per Mediation Centre report dated 27.11.2024,
                                    applicant has 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 applicant's counsel, the matter was referred to Mediation
                                    Centre but applicant has not deposited the amount before Mediation Centre and
                                    applicant enjoyed interim order, as such, the act of applicant 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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