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Neutral Citation No. - 2025:AHC:83184 Court No. - 84 Case :- APPLICATION U/S 482 No. - 8857 of 2020 Applicant :- Rajesh Kumar Sharma Opposite Party :- State of U.P. and Another Counsel for Applicant :- Devbratt Yadav,Ram Pratap Yadav Counsel for Opposite Party :- Devendra Kumar Mishra,G.A. Hon'ble Deepak Verma,J.
1. Heard learned counsel for the applicant and learned A.G.A. for the State.
2. This application under Section 482 Cr.P.C. has been filed by the applicant to quash the non-bailable warrant order dated 06.11.2019 in Complaint Case No.56 of 2015, under Sections 406, 420 I.P.C., P.S. Hari Parvat, District Agra, pending in the court of Additional Chief Judicial Magistrate-IV, Agra.
3. Learned counsel for the applicant submits that the matter relates to financial issues between the parties and there was chances to settle the dispute between them, therefore, this Court by order dated 05.03.2020 referred the matter to Mediation & Conciliation Centre, High Court, Allahabad with following orders:-
"Shri Devendra Kumar Misra, Advocate has filed his Vakalatnama on behalf of opposite party no.2, which is taken on record. Heard learned counsel for the applicant Shri Ram Pratap Yadav and learned counsel for opposite party no.2 Shri Devendra Kumar Misra as well as learned A.G.A. Perused the record. This is the third application u/s 482 Cr.P.C. moved on behalf of applicant. The first 482 application No.34057 of 2017 was dismissed with liberty that the applicant would surrender before the court below within 45 days and get themselves bailed out. Thereafter again second 482 Application No.15224 of 2019 was moved which was dismissed for want of prosecution. Generally, this Court is not inclined to entertain the third application moved u/s 482 Cr.P.C.
Learned counsel for the applicant submits that primarily this matter relates to financial issue between the parties and the applicant wants to settle down the issue once and for all and has got every plan to pay the entire amount with interest over it within
stipulated period of time, if the opportunity is granted to him. This fact has not been disputed by learned counsel for opposite party no.2 and he submits that he has no objection to this. In such circumstances, on the solemn undertaking given by Shri Ram Pratap Yadav, learned counsel for the applicant, the matter is remitted to Allahabad High Court Mediation and Conciliation Centre. It is directed that applicant shall deposit a sum of Rs.2,00000/- (Two lacs only) by 25.03.2020 positively with the Mediation Centre of which the entire amount shall be paid to the opposite party no.2 upon his appearance before the Mediation Centre. Ms. Anjali Upadhya, learned A.G.A.; Shri Ram Pratap Yadav, learned counsel for the applicant and Shri Devendra Kumar Misra,
learned counsel for opposite party no.2 are requested to render their good offices to settle down the matter once for all between the parties with the help of some senior mediator at Allahabad High Court Mediation and Conciliation Centre. The Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties. It is made clear that High Court Mediation & Conciliation Centre, Allahabad is required to submit its report within three months. The Court hope and trust that a better sense would prevail on the parties with the aid of their counsels and mediator and they shall resolve the matter in between them. Thereafter, the case shall be listed along with the report of High Court Mediation and Conciliation Centre, Allahabad. Till the next date of listing, no coercive action shall be taken against the applicant in Complaint Case No.56 of 2015 (M/s S.E. Investments vs. Rajesh Kumar Sharma), under Sections 406, 420 I.P.C., Police Station-Hari Parvat, District-Agra, pending in the court of Additional Chief Judicial Magistrate, Court No.-IV, Agra. Only after the aforesaid amount is deposited, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, this interim order shall automatically stand vacated and the matter would be listed before the Court with the clear endorsement by the A.H.C.M.C.C. that the amount has not been deposited as directed. In the event the settlement is arrived between the parties, this
amount (Rs. Two lacs) would be adjusted in the final settlement."
4. From perusal of record, it is apparent from Mediation & Conciliation Centre's report dated 28.11.2020 that the applicant has not deposited the required amount of Rs.2,00,000/- as per Court's
order dated 05.03.2020, therefore, no notice was sent to the parties by the Mediation & Conciliation Centre, High Court, Allahabad.
5. Perused the entire record. From the record, it shows that the applicant has not followed the order of this Court. There is no merit in the Application u/s 482 Cr.P.C.
6. Hence, the Application u/s 482 Cr.P.C. is dismissed.
Order Date :- 19.5.2025 SKD Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad