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Allahabad High Court

SUSHIL @ BUNTY AND 2 OTHERSversusState of U.P. AND ANOTHER

Decided

Holding

The application under Section 482 CrPC is dismissed.

Summary

The applicants filed a Section 482 CrPC application seeking to quash the summons dated 15‑03‑2023 and the entire criminal proceedings (Cr. Misc. Case No. 1140 of 2022) involving offences under Sections 498‑A, 323, 504 IPC and Sections 3/4 of the Domestic Violence Act. The trial court had earlier referred the matter to the Mediation and Conciliation Centre, directing the applicants to deposit Rs 35,000 within two weeks. The mediation report dated 04‑02‑2025 showed that the applicants failed to make the deposit, and consequently no notice could be issued to the second opposite party. The High Court observed that the applicants misused the mediation process to obtain an interim order without complying with the deposit requirement. On this basis, the Court dismissed the 482 application, holding that the applicants’ conduct could not be appreciated.

Issues considered

  • Whether the High Court should entertain a Section 482 CrPC application to quash the summons and proceedings when the applicants have failed to comply with the mediation order requiring a deposit of Rs 35,000.

Legislation cited

Subjects

  • Section 482 CrPC
  • quashment of criminal proceedings
  • mediation and conciliation
  • non‑compliance with court order
  • domestic violence
  • criminal procedure

Judgment

    HIGH COURT OF JUDICATURE AT ALLAHABAD
            APPLICATION U/S 482 No. - 37252 of 2024

Sushil @ Bunty And 2 Others
                                                .....Applicant(s)
                             Versus

State of U.P. and Another
                                                   .....Opposite
                                                         Party(s)

Counsel for Applicant(s)      : Pankaj Sharma,         Prashant
                                Sharma
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 15.3.2023 passed by Chief Judicial
Magistrate, Hathras as well as entire proceeding of Criminal
Misc. Case No. 1140 of 2022 (Computer Case No.
1304075/2022) (Ruby vs. Sushil @ Bunty & others), under
Section 498-A, 323, 504 IPC and 3/4 D.P. Act, Police Station
Mahila, District Hathras.

3. From perusal of record, it is apparent that vide order dated
5.12.2024, 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 4.2.2025
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
                                                                                       A482 No. 37252 of 2024
                                                                2


                                        with the order dated 5.12.2024. The conduct of the applicants
                                        cannot be appreciated. Therefore, instant 482 Cr.P.C.
                                        application is dismissed.



                                        April 23, 2026                             (Deepak Verma,J.)
                                        P.P.

                                                               (Deepak Verma,J.)




Digitally signed by :-
POONAM PATEL
High Court of Judicature at Allahabad


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