Allahabad High Court

ASHOK KUMARversusState of UP AND ANOTHER

Decided: 13 May 2026
Bench: DEEPAK VERMA

Holding

The application under Section 482 CrPC is dismissed as the applicant’s conduct is mischievous and an abuse of process.

Summary

The applicant, Ashok Kumar, filed an application under Section 482 of the Criminal Procedure Code seeking relief. The matter had earlier been referred to a Mediation Centre, where the applicant was required to deposit Rs.60,000 but failed to do so, resulting in no notice being issued to the second opposite party. Despite the applicant's counsel requesting the referral, the applicant's non‑payment was deemed mischievous and unfair. The Court observed that the applicant had already enjoyed an interim order and was abusing the process. Consequently, the Court dismissed the application under Section 482, noting the applicant's conduct.

Issues considered

Whether the application under Section 482 CrPC should be entertained when the applicant has failed to comply with the Mediation Centre's requirement of depositing the stipulated amount.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482

Subjects

Criminal Procedure Code
Section 482
Mediation
Abuse of process
Interim order

Judgment

                                                  HIGH COURT OF JUDICATURE AT ALLAHABAD

                                                     APPLICATION U/S 482 No. - 30462 of 2024

                                    Ashok Kumar
                                                                                                      .....Applicant(s)
                                                                         Versus
                                    State of U.P. and Another
                                                                                                         .....Opposite
                                                                                                               Party(s)

                                    Counsel for Applicant(s)                      :   Sunil 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. None appears to press this application.

                                    2. On perusal of record, it is apparent that vide order dated 6.1.2025, matter
                                    was referred to Mediation Centre and as per Mediation Centre report dated
                                    1.2.2025, applicants have not deposited required amount of Rs.60,000/-
                                    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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