Allahabad High Court
SHIVAM @ CHHOTU AND ANOTHERversusState of U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 482 is dismissed as the petitioners' conduct was mischievous and amounted to an abuse of process.
Summary
The petitioners, Shivam @ Chhotu and another, filed an application under Section 482 of the Criminal Procedure Code seeking relief. The matter had been referred to a Mediation Centre, where the petitioners were required to deposit Rs.25,000, which they failed to do, resulting in no notice being issued to the second opposite party. Despite enjoying an interim order, the petitioners' failure to comply with the mediation requirement was deemed mischievous and unfair. The Court observed that the petitioners had abused the process by seeking the application after not fulfilling the mediation condition. Consequently, the Court dismissed the application under Section 482 with a stern observation. The dismissal reflects the Court's stance against misuse of procedural provisions.
Issues considered
- Whether the application under Section 482 CrPC should be entertained when the petitioners failed to deposit the required mediation amount.
- Whether the petitioners' conduct amounts to an abuse of process warranting dismissal of the application.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Criminal Procedure Code
- Section 482
- Mediation
- Abuse of process
- Interim order
- Dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 29849 of 2024
Shivam @ Chhotu And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Meera, Nabi Ullah
Counsel for Opposite Party(s) : G.A.
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Case called out in the revise list. None appears to press this application.
2. On perusal of record, it is apparent that vide order dated 06.11.2024, matter
was referred to Mediation Centre and as per Mediation Centre report dated
12.12.2024, 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
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