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2025 DAILYLAW 103263 (ALL)

MAHAKAR AND ANOTHER v. State of U.P. AND ANOTHER

A482/33772/2024 · 2025-07-21

Anish Kumar Gupta

body2025

Judgment text

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Neutral Citation No. - 2025:AHC:118793 IN THE HIGH COURT OF JUDICATURE AT ALLAHABAD (Sl. No.9) Court No. - 78 Case :- APPLICATION U/S 482 No. - 33772 of 2024 Applicant :- Mahakar And Another Opposite Party :- State of U.P. and Another Counsel for Applicant :- Yogendra Pal Singh Counsel for Opposite Party :- G.A. Hon'ble Anish Kumar Gupta,J. 1. Heard Sri Yogendra Pal Singh, learned counsel for the applicants and Sri Vinary Prakash Sahu, learned AGA for the State. 2. On 07.05.2025, this Court passed the following order: "1. Heard learned counsel for the applicants and learned A.G.A. for the State- respondent no.1. 2. This application has been filed by the applicants praying for quashing summoning order dated 22.04.2024 as well as the entire proceedings of Case no.26014 of 2023 under Sections 323, 406, 504, 506 IPC, P.S.Civil Lines,District-Meerut pending in the Court of A.C.J.M., Court No.5, Meerut. 3. Learned counsel for the applicants submits that there is fair possibility of mediation between the parties and efforts can be made to this effect. He further submits that this case may be sent to the Mediation Centre of this Court for the purpose of settlement between the parties for which the applicants are ready to deposit the cost. 4. Learned A.G.A. has no objection to this proposition. 5. Considering the submission made by learned counsel for the applicants, it is directed that applicants shall deposit Rs.35,000/- within two weeks from today in the account head of the Registrar General, Mediation and Conciliation Centre, Allahabad High Court, out of which Rs. 30,000/- shall be given to O.P. no.2 for his appearance and Rs. 5,000/- shall be retained by the Mediation Centre as mediation fees. In case, the aforesaid amount is deposited, notice shall be issued to respondent no.2 returnable within a period of four weeks. The Mediation Centre shall submit its report by the next date fixed in the matter. 6. List this case before this Court on 22.07.2025 along with report of Mediation Centre. Till then no coercive steps shall be taken against the applicants in aforesaid case, in case the receipt of the aforesaid deposited amount is filed before the court concerned. 7. However, it is provided that in case the amount as directed is not deposited in time, the benefit of this interim order shall not be available to the applicants and the case shall be listed before this Court immediately after two weeks as supplementary fresh. " 3. As per the report received from the mediation centre of this Court dated 28.05.2025, the applicants have failed to deposit the amount of Rs. 35,000/- as was directed by this Court in the previous order. 4. Therefore, it appears that the applicants had made a request for referring the dispute to the mediation centre only with intention to get the interim protection from this Court and without there being any serious intent on the part of the applicants to settle the dispute. Thus, the said order was obtained by the applicants by misleading the Court. 5. On this ground alone, this Court do not find it proper to entertain the instant application. 6. The instant application is, accordingly, dismissed. 7. Interim order, granted earlier is hereby vacated. 8. Registrar (Compliance) is directed to inform the trial court with regard to the order passed today, so that it may proceed in the matter in accordance with law. Order Date :- 22.7.2025 Ashish Pd. (Anish Kumar Gupta,J.) Digitally signed by :- ASHISH PRASAD High Court of Judicature at Allahabad