RAKESH KUMAR AND 7 OTHERS v. STATE OF U.P. AND ANOTHER
A482/12832/2023 · 2025-10-07
Deepak Verma
body2025
DailyLaw.ai
[ 2025 DAILYLAW 21148 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 21148 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD APPLICATION U/S 482 No. - 12832 of 2023 Court No. - 74 HON'BLE DEEPAK VERMA, J.
1. By order dated 12.04.2023, matter was referred to Mediation & Conciliation Centre, High Court, Allahabad, with following condition:-
"Heard Sri Atul Kumar Singh, learned counsel for the applicants, learned A.G.A for the State and perused the material on record. This application under Section 482 Cr.P.C. has been filed by the applicants for quashing the summoning order dated 17.11.2022 as well as the entire proceeding of Complaint Case No.2071 of 2022 (Smt. Poonam Devi Vs. Rakesh Kumar and others), under Sections 498-A, 323, 504, 506 I.P.C. and Section 3/4 D.P. Act, P.S. Ramgarh, District Firozabad, pending in the court of Judicial Magistrate, Firozabad. After argument at some length, learned counsel for the applicants has submitted that since it is a matrimonial dispute, there is chance of amicable settlement of dispute outside the Court. It is further submitted that the case may be sent to Mediation and Conciliation Centre, Allahabad High Court for taking an effort for settlement between the parties. In view of above submissions made by learned counsel for the applicants, it is directed that applicant no.1 will deposit Rs.15,000/- within two weeks from today through bank draft in favour of Registrar Accounts Allahabad High Court, Mediation and Conciliation Centre. In case, the aforesaid amount is deposited, the notice shall be issued to opposite party no.2. Rs.13,000/- out of the aforementioned deposited Versus Counsel for Applicant(s) : Atul Kumar Singh Counsel for Opposite Party(s) : Ashish Kumar, G.A. Rakesh Kumar And 7 Others .....Applicant(s) State of U.P. and Another .....Opposite Party(s)
amount shall be paid to opposite party no.2 on conclusion of mediation proceedings and remaining amount of Rs.2000/- is payable to Mediation and Conciliation Centre, Allahabad High Court. Mediation Centre is expected to conclude its proceedings within two months. List after three months along with report of Mediation Centre before appropriate Bench. Till the next date of listing, no coercive action shall be taken against the applicants. It is made clear that if the applicants fail to deposit the money within two weeks or avoids in participating in the mediation proceedings or delays the proceedings, then coercive measure shall be taken against them as required."
2.
In view of Mediation & Conciliation Centre report dated 30.08.2023, applicants have not deposited the required amount of Rs.15,000/- before Mediation & Conciliation Centre. Applicants have not complied with the Hon'ble Court's order with regard to deposit till 29.08.2025 and thus, notices could not be issued to the parties by the Mediation Centre. 3. Applicants have not filed the present application with fair intention and made request that there is chances of amicable settlement and ready to deposit the amount but the applicants have not deposited required amount in pursuance of order of this Court and enjoyed the interim protection granted in their favour. Not depositing amount in compliance of order passed on 12.04.2023 discloses mischievous intention of the applicants as they had got interim protection from the court by putting frivolous story that there is chances of compromise between the parties. Intention of the applicants was not fair and it appears that he made such prayer for amicable settlement only to get interim order in their favour. 4. Since applicants approach before this Court was not fair, the Court is not inclined to grant any relief to the applicants. The present application u/s 482 Cr.P.C. is, hereby, dismissed. October 8, 2025 SKD A482 No. 12832 of 2023 2 (Deepak Verma,J.) Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad