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Allahabad High Court

ASHISH SONI AND 2 OTHERSversusSTATE OF U.P. AND ANOTHER

Decided

Holding

The application is dismissed for want of prosecution and the interim order dated 01.05.2025 is vacated.

Summary

The applicants filed an application under Section 528 of the CrPC seeking relief, but failed to comply with the Court's earlier order dated 01.05.2025 requiring a deposit of Rs.35,000 with the Mediation Centre. The Mediation Centre report dated 01.08.2025 confirmed non‑payment and the applicants did not appear to pursue the application. Consequently, the High Court dismissed the application for want of prosecution and vacated the interim order previously granted. The trial court was directed to proceed with the matter as per law. No further orders were made.

Issues considered

  • What is the effect of the applicant's failure to deposit the required amount as ordered by the Court?
  • Can the interim order dated 01.05.2025 remain in force despite non‑compliance?
  • Is the application under Section 528 liable to be dismissed for want of prosecution?

Legislation cited

Subjects

  • Section 528 CrPC
  • Mediation
  • Interim order
  • Vacated order
  • Want of prosecution
  • High Court
  • Allahabad

Judgment

                                                HIGH COURT OF JUDICATURE AT ALLAHABAD
                                                     APPLICATION U/S 528 BNSS No. - 15142 of 2025

                                    Ashish Soni And 2 Others
                                                                                                 .....Applicant(s)
                                                                        Versus

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

                                    Counsel for Applicant(s)               :     Manvendra Singh
                                    Counsel for Opposite Party(s)          :     G.A., Pavan Kumar Pandey

                                    Court No. - 83
                                                        HON'BLE CHAWAN PRAKASH, J.

                                    1. Case called out in the revised list. None is present on behalf of
                                    applicants. However, learned A.G.A. for the State is present.

                                    2. As per the report of Mediation Centre of this Court dated 01.08.2025,
                                    the applicants failed to deposit the amount of Rs.35,000/- with the
                                    Mediation Centre in compliance of the order dated 01.05.2025 passed by
                                    this Court. Even today, none has appeared on behalf of the applicants to
                                    press the present application.

                                    3. In view of above, this application is dismissed for want of prosecution.

                                    4. Accordingly, the interim order granted by this Court, vide order dated
                                    01.05.2025 stands vacated.

                                    5. The Trial Court is at liberty to proceed in the matter in accordance with
                                    law.

                                    6. Let a copy of this order be sent to the concerned trial court forthwith.



                                                                                           (Chawan Prakash,J.)
                                    September 29, 2026
                                    Md Faisal




Digitally signed by :-
MOHD FAISAL
High Court of Judicature at Allahabad


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