Allahabad High Court
BEER BAHADUR PASWAN AND 3 OTHERSversusSTATE OF UP AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The court held that the interim order was obtained fraudulently and, due to the petitioners' failure to deposit the required amount, the order was vacated and the application dismissed for want of prosecution.
Summary
The petitioners filed an application under Section 482 of the Criminal Procedure Code seeking to quash a prior order. The court had earlier referred the matter to mediation on the condition that the petitioners deposit Rs.55,000 before the mediation centre. The petitioners failed to make the deposit, and the mediation centre reported non‑compliance. The court observed that the petitioners used the mediation reference merely to obtain an interim order and acted fraudulently. Consequently, the interim order dated 15‑May‑2024 was vacated, and the petitioners' application was dismissed for want of prosecution, with a warning that further non‑appearance would lead to dismissal of the suit.
Issues considered
- Whether the interim order directing mediation can be vacated when the petitioners fail to comply with the deposit condition.
- Whether an application under Section 482 can be dismissed for want of prosecution due to non‑appearance and non‑compliance.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 482
Subjects
- Section 482 CrPC
- interim order
- mediation
- vacated order
- want of prosecution
- fraud upon court
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 3648 of 2024
Beer Bahadur Paswan And 3 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Ashish Kumar Pandey, Kunvar Rahul
Singh
Counsel for Opposite Party(s) : G.A., Praveen Kumar Srivastava
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. List revised. None appears on behalf of the applicants.
2. Vide order dated 15.5.2024, the matter was referred to Mediation and
Conciliation Center of this Court and appellant was directed to deposit a
sum of Rs.50,000/-.
3. As per the report dated 20.07.2024 of the Mediation Center, it has been
informed that the applicants have not deposited the amount as directed in
the order dated 15.05.2024. The matter was taken up on 22.07.2024, and
the Coordinate Bench of this Court passed the following order:-
"1. List revised. No one is present on behalf of applicant to press this application.
2. Vakalatnama has been filed by Shri Praveen Kumar Srivastava, Advocate on behalf
of opposite party no. 2 today, which is taken on record.
3. Heard Shri Praveen Kumar Srivastava, learned counsel for the opposite party no. 2
and Mhd. Soyeb Khan, learned A.G.A. for the State.
4. Vide order dated 15.05.2024 the matter was referred to the mediation centre
subject to deposit of Rs. 55,000/- by the applicants before the mediation centre.
However, as per the report of the Registrar mediation dated 20.07.2024 it has been
informed that despite the aforesaid order the applicants have failed to deposit the
aforesaid amount before the mediation centre.
5. In view thereof, it is apparent that the said reference for mediation obtained by the
applicants only for the purposes of getting an interim order by playing fraud upon the
court without any intent to settle the dispute through the mediation.
A482 No. 3648 of 2024
2
6. In view thereof, the interim order is granted on 15.05.2024 is hereby vacated.
7. Put up this matter on 01.08.2024, peremptorily.
8. It is made clear that if the applicants fail to appear on the next date, the matter
shall be dismissed for want of prosecution."
4. Since the applicants is enjoying the interim order in the garb of
resolving the dispute amicably and none has appeared on behalf of the
applicants since 22.07.2024, accordingly, the present application stands
dismissed for want of prosecution.
(Deepak Verma,J.)
May 5, 2026
KJ
Digitally signed by :-
KAMARJAHAN ANSARI
High Court of Judicature at Allahabad
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