Allahabad High Court
SHEKHAR ALIAS SHEKHAR SAINI AND ANOTHERversusSTATE OF U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The Section 482 application is dismissed because the applicants did not comply with the mediation and conciliation order.
Summary
The applicants, Shekhar Saini and another, filed a Section 482 Cr.P.C. application seeking to quash the summons and the entire criminal proceeding (Complaint No. 45 of 2024) filed by Smt. Lakshmi under Sections 498‑A, 323, 504, 506 IPC and the Dowry Prohibition Act. The High Court had earlier referred the matter to its Mediation and Conciliation Centre on 4 December 2024, directing the applicants to deposit Rs 35,000 within two weeks. The mediation report dated 14 February 2025 showed that the applicants failed to make the deposit, and consequently no notice could be issued to the second opposite party. The Court observed that the applicants were using the prospect of settlement to obtain an interim order while deliberately ignoring the mediation directive. On this basis, the Court dismissed the Section 482 application, holding that the applicants’ non‑compliance warranted rejection of the petition.
Issues considered
- Whether a Section 482 Cr.P.C. application to quash a criminal proceeding can be entertained when the petitioner has failed to comply with a court‑ordered mediation deposit requirement.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
- Dowry Prohibition Act, 1961 — s. 4
- Indian Penal Code — s. 323, 498-A, 504, 506
Subjects
- Section 482 Cr.P.C.
- quash petition
- mediation and conciliation
- non‑compliance
- criminal procedure
- dowry prohibition
- IPC offences
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 35247 of 2024
Shekhar Alias Shekhar Saini And Another
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ajay Kumar Mishra
Counsel for Opposite Party(s) : G.A.
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 summoning order dated 15.5.2024 as well as entire
proceeding of Complaint Case No. 45 of 2024 (Smt. Lakshmi
vs. Shekhar and others), under Section 498-A, 323, 504, 506
IPC and 4 Dowry Prohibition Act, Police Station Mahila
Thana, District Amroha.
3. From perusal of record, it is apparent that vide order dated
4.12.2024, matter was referred to Mediation and Conciliation
Centre, High Court, Allahabad. Applicants were directed to
deposit Rs.35,000/- within two weeks with the Mediation and
Conciliation Centre. The Mediation Report dated 14.2.2025
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
with the order dated 4.12.2024. The conduct of the applicants
A482 No. 35247 of 2024
2
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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