Disposed

Mohammad Akmal v. State of U.P. and Another

Allahabad HC25 Apr 2022A482/9046/2022

Case brief

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What is this about?

This court disposed of a quashing application regarding a criminal case involving cheating and criminal breach of trust. It directed parties to attempt mediation, staying coercive steps for five months, while resuming proceedings if mediation fails.

What did the court decide?

Quashing of proceedings adjourned with direction to file for mediation; coercive steps stayed for five months; conditional reinstatement of proceedings if mediation fails.

Mohammad Akmal Vs State of U.P. and Another — Quashing and FIR | Allahabad HC (2022)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 9046 of 2022

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Applicant :- Mohammad Akmal Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anil Kumar Shukla,Om Prakash Mishra Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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This application has been filed with a prayer to quash the proceedings of Case No. 3525 of 2021 (State Vs. Mohammad Akmal) arising out of Case Crime No. 517 of 2018 under Sections 419, 420, 406 I.P.C. Police Station Civil Lines, District Prayagraj, pending before learned Chief Judicial Magistrate, District Allahabad as well as to quash the charge sheet dated 20.12.2018 and also the orders dated 25.02.2021 and 20.09.2021 passed in the aforesaid case.

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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.

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In such circumstances, it is directed that both the parties shall appear before the court below and file 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. The mediation centre will decide the same within a period of four months.

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For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.

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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.

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With the above observation, this application is disposed of.

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Order Date :- 25.4.2022 S.Ali

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Digitally signed by SHAUKAT ALI Date: 2022.04.26 11:45:26 IST Reason: Location: High Court of Judicature at Allahabad

Mohammad Akmal v. State of U.P. and Another

Case brief

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Mohammad Akmal v. State of U.P. and Another

Case brief

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