Allahabad High Court
SUMIT KUMAR AND 2 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The Court dismissed the application, finding no ground for interference and noting a prima facie offence by the applicants.
Summary
The applicants filed an application under Section 482 seeking interference with a prior order that had referred the matter to the Mediation and Conciliation Centre. The court noted that the applicants had failed to comply with the April 4, 2024 order to deposit money, which prevented issuance of notices. Despite this, the applicants obtained an interim order without making the required deposit, which the court deemed unfair. On examination of the complaint and statements under Sections 200 and 202 of the Criminal Procedure Code, the court found a prima facie case of offence against the applicants. Consequently, the court held that no interference was warranted and dismissed the application. The decision was delivered on May 18, 2026.
Issues considered
- Whether the High Court should interfere with the order referring the matter to mediation when the applicants failed to comply with the deposit requirement
- Whether the application under Section 482 of the Cr.P.C. is maintainable in view of the applicants' non‑compliance and alleged prima facie offence
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 482
Subjects
- Section 482
- inherent powers
- mediation
- non‑compliance
- Criminal Procedure Code
- Section 200
- Section 202
- interim order
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 8398 of 2024
Sumit Kumar And 2 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Sanjay Singh
Counsel for Opposite Party(s) : G.A., Sunil Kumar Singh
Court No. - 74
HON'BLE DEEPAK VERMA, J.
1. Case called out in revised list. No one appeared to press this application
on behalf of applicants.
2. On perusal of record, it is evident that vide order dated 04.04.2024, the
matter was referred to Mediation and Conciliation Centre, High Court,
Allahabad. As per Mediation report dated 09.06.2024, the applicants have
not complied the order dated 04.04.2024 with regard to deposit of money,
hence the notices could not be issued to the opposite parties. On the requ
est of the applicants, the matter was referred to Mediation and C
onciliation Centre. In the garb of chances of settlement between the
parties, the applicants got interim order and did not deposit amount before
the Mediation and Conciliation Centre as directed by the Court. The act of
the applicant is not fair and cannot be accepted. On perusal of complaint
as well as statement recorded under Sections 200 Cr.P.C. and 202 Cr.P.C.,
prima facie, offence is made out against the applicants. The applicants
have enjoyed the interim order.
3. No interference is warranted by this Court.
4. The application is, accordingly, dismissed.
(Deepak Verma,J.)
May 18, 2026
Meenu Singh
Digitally signed by :-
MEENU SINGH
High Court of Judicature at Allahabad
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