Created by Fuzzy Cloud

Allahabad High Court

SHYAMVEER AND 2 OTHERSversusState of U.P. AND ANOTHER

Decided

Holding

The application under Section 482 is dismissed as the applicants’ conduct constitutes an abuse of process.

Summary

The applicants filed an application under Section 482 of the Criminal Procedure Code seeking relief after a mediation process was initiated. The court had ordered the matter to be referred to a Mediation Centre, and the applicants were required to deposit Rs.25,000 before the Centre. The Mediation Centre report indicated that the applicants failed to make the required deposit, resulting in no notice being issued to the second opposite party. The court observed that the applicants, having enjoyed an interim order, deliberately avoided the deposit, characterizing their conduct as mischievous and unfair. Consequently, the court dismissed the application under Section 482, noting the abuse of process. The dismissal was recorded on 14 May 2026.

Issues considered

  • Whether the application under Section 482 of the CrPC should be dismissed due to the applicants' failure to deposit the required mediation amount
  • Whether the applicants’ conduct amounts to an abuse of process warranting dismissal of the application

Legislation cited

Subjects

  • CrPC Section 482
  • mediation
  • abuse of process
  • interim order
  • court dismissal

Judgment

                                                 HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 482 No. - 28500 of 2024

                                    Shyamveer And 2 Others
                                                                                                    .....Applicant(s)
                                                                         Versus
                                    State of U.P. and Another
                                                                                                       .....Opposite
                                                                                                             Party(s)

                                    Counsel for Applicant(s)         :   Noor    Muhammad,       Yogesh      Kumar
                                                                         Srivastava
                                    Counsel for Opposite Party(s)    :   G.A.

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

                                    1. Case called out in the revise list. Learned counsel for the applicants is
                                    present. None appears for the opposite party no.2.

                                    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.25,000/-
                                    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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.