Allahabad High Court
TARUN KUMAR @ TARUN KUMAR GUPTA AND 2 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 482 CrPC is dismissed as the petitioners' conduct is mischievous and not fair.
Summary
The petitioners, Tarun Kumar and two others, filed an application under Section 482 of the Criminal Procedure Code seeking to quash proceedings. The matter had earlier been referred to a Mediation Centre, where the petitioners were required to deposit Rs.30,000 but failed to do so. Consequently, no notice was issued to the second opposite party. Despite this, the petitioners had obtained an interim order, which the court viewed as a misuse of the process. The court held that the petitioners' conduct was mischievous and not in the interests of justice. Accordingly, the application under Section 482 was dismissed.
Issues considered
- Whether the application under Section 482 CrPC should be entertained given the petitioners' failure to comply with the Mediation Centre's deposit requirement and their alleged misuse of interim relief
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
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. - 28422 of 2024
Tarun Kumar @ Tarun Kumar Gupta And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Rahul Kumar Sharma
Counsel for Opposite Party(s) : G.A., Rajendra Kumar Srivastava
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Case called out in the revise list. None appears to press this application.
Learned counsel for the opposite party no.2 is present.
2. On perusal of record, it is apparent that vide order dated 06.01.2025, matter
was referred to Mediation Centre and as per Mediation Centre report dated
01.02.2025, 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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