Allahabad High Court
MOHD TARIQ AND 5 OTHERSversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 482 Cr.P.C. is dismissed because the applicants failed to comply with the mediation and conciliation centre's deposit order.
Summary
The applicants filed a Section 482 Cr.P.C. application seeking to quash the order dated 26 September 2023 of the Additional Chief Judicial Magistrate, Nagina, and the entire proceeding of Complaint Case No. 256 of 2023 under Sections 18‑22 of the Domestic Violence Act. The matter had been referred to the Mediation and Conciliation Centre, where the applicants were ordered to deposit Rs.35,000 within three weeks, a condition they failed to satisfy. Because the deposit was not made, the Centre could not issue notice to the second opposite party, and the court observed that the applicants were using the prospect of settlement to obtain an interim order without complying with the mediation directive. The court held that the applicants' conduct was not appreciable and dismissed the Section 482 application. Consequently, the order of the lower court and the proceeding under the Domestic Violence Act remain in force.
Issues considered
- Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to quash the order of the Additional Chief Judicial Magistrate and the proceeding under the Domestic Violence Act despite the applicants' non‑compliance with the mediation deposit requirement.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Protection of Women from Domestic Violence Act, 2005 — s. 18, 19, 20, 21, 22
Subjects
- Section 482
- quash order
- Domestic Violence Act
- mediation
- non‑compliance
- High Court
- criminal procedure
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 35234 of 2024
Mohd Tariq And 5 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Manoj Kumar Tripathi,
Vinod Kumar Tirpathi
Counsel for Opposite Party(s) : G.A., Mahendra Kumar
Singh Chauhan
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. List revised. None appeared. Learned AGA is present for the
State.
2. The present 482 Cr.P.C. application has been filed to quash
the order dated 26.9.2023 passed by Additional Chief Judicial
Magistrate, Nagina, Bijnor as well as entire proceeding of
Complaint Case No. 256 of 2023 under Section
18,19,20,21,22, Domestic Violence Act, Police Station Nagina,
District Bijnor.
3. From perusal of record, it is apparent that vide order dated
7.2.2025, matter was referred to Mediation and Conciliation
Centre, High Court, Allahabad. Applicants were directed to
deposit Rs.35,000/- within three weeks with the Mediation and
Conciliation Centre. The Mediation Report dated 12.3.2025
shows that applicants have not deposited Rs.35,000/-, as such
notice could not be issued to opposite party No.2.
4. Present matter was referred to Mediation Centre on the
submission that there are chances of settlement. The applicants,
in the garb of settlement obtained interim order but have
not deposited an amount of Rs.35,000/- with the Mediation
and Conciliation Centre. The applicants have not complied
A482 No. 35234 of 2024
2
with the order dated 7.2.2025. The conduct of the applicants
cannot be appreciated. Therefore, instant 482 Cr.P.C.
application is dismissed.
April 23, 2026
P.P.
(Deepak Verma,J.)
Digitally signed by :-
POONAM PATEL
High Court of Judicature at Allahabad
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