Disposed

Girish Bajpei and 2 Others v. State of U.P. and Another

Allahabad HC8 Dec 2022A482/27866/2022

Case brief

AI extract

What is this about?

In an application to quash criminal proceedings under Sections 452, 354, 323, 504 IPC, the Court directed the applicants to attempt mediation to settle the dispute, stayed coercive steps for five months, and disposed of the application.

What did the court decide?

Application disposed of with direction to seek mediation; stay on coercive steps for five months or conclusion of mediation.

Girish Bajpei and 2 Others Vs State of U.P. and… — Writ and Judicial Review | Allahabad HC (2022)

¶1

Court No. - 87

¶2

Case :- APPLICATION U/S 482 No. - 27866 of 2022

¶3

Applicant :- Girish Bajpei And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pradeep Kumar Pal,Adya Prasad Tewari

¶4

Counsel for Opposite Party :- G.A.

¶5

Hon'ble Dr. Gautam Chowdhary,J.

¶6

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

¶7

This application has been filed with a prayer to quash the proceedings of Criminal Case No. 217 of 2021 (State Vs. Girish Bajpeyee and others) arising out of Case Crime No. 157 of 2020 under Sections 452, 354, 323, 504 I.P.C. Police Station Sajeti, District Kanpur Nagar pending before learned Judicial Magistrate, Kanpur Dehat as well as to quash the chargesheet dated 05.09.2020 and also to quash the cognizance order dated 22.01.2021 passed in the aforesaid case.

¶8

The contentions raised by the applicants' counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicants' counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.

¶9

In such circumstances, it is directed that the applicants shall appear before the court below and moves an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. Thereafter, mediation centre will decide the same within a period of four months.

¶10

For a period of five months or till the conclusion of mediation proceedings, whichever is earlier, no coercive steps shall be taken against the applicants in the above mentioned case.

¶11

It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall be free to approach this Court.

¶12

With the above observation, this application is disposed of. Order Date :- 8.12.2022 S.Ali

¶13

Digitally signed by SHAUKAT ALI Date: 2022.12.12 17:30:04 IST Reason: Location: High Court of Judicature at Allahabad

Girish Bajpei and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Girish Bajpei and 2 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Parties & counsel

Coram

Case details

Similar cases

Ranjeet Kumar Mishra and 3 Others Vs State of U.P. and Another

Shyamveer and 9 Others Vs State of U.P. and Another

Rajkumar and 2 Others Vs State of U.P. and Another

Brijendra Singh Vs State of U.P and Another

Mani Lal and 7 Others Vs State of U.P. and Another

Dinesh and 5 Others Vs State of U.P. and Another