Allahabad High Court
BRAHMADEV AND 4 OTHERSversusState of U.P. AND ANOTHER
- Decided
- Bench
- DEEPAK VERMA
Holding
The application under Section 482 is dismissed as there is no merit for interference.
Summary
The applicants filed an application under Section 482 of the Criminal Procedure Code 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 1, 2024 order to deposit money, which prevented the issuance of notices to the opposite parties. Despite this non‑compliance, the applicants obtained an interim order by invoking the mediation process but did not fulfill the required deposit. The court observed that such conduct was unfair and, on the basis of the statements recorded under Sections 200 and 202 Cr.P.C., a prima facie offence appeared to be made out against the applicants. Consequently, the High Court found no ground to interfere and dismissed the application.
Issues considered
- Whether the High Court should exercise its inherent powers under Section 482 Cr.P.C. to set aside the interim order obtained by the applicants despite their non‑compliance with the mediation directive.
Legislation cited
- Code of Criminal Procedure, 1973 — s. 200, 202, 482
Subjects
- Section 482
- inherent powers
- mediation and conciliation
- non‑compliance
- Criminal Procedure Code
- interim order
- dismissal
Judgment
HIGH COURT OF JUDICATURE AT ALLAHABAD
APPLICATION U/S 482 No. - 9127 of 2024
Brahmadev And 4 Others
.....Applicant(s)
Versus
State of U.P. and Another
.....Opposite
Party(s)
Counsel for Applicant(s) : Perdeep Kumar Vishnoi
Counsel for Opposite Party(s) : G.A.
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 01.04.2024, the
matter was referred to Mediation and Conciliation Centre, High Court,
Allahabad. As per Mediation report dated 16.06.2024, the applicants have
not complied the order dated 01.04.2024 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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