Disposed

Sami Khan v. State of U.P. and Another

Allahabad HC3 Mar 2023A482/4235/2023

Case brief

AI extract

What is this about?

In an application under Section 482 CrPC challenging summoning and other orders in a cheating case, the court held that since the disputes arose from a land dispute between close relatives, mediation was ordered to resolve differences amicable without hostile proceedings. Also, coercive action was suspended during mediation.

What did the court decide?

Parties referred to mediation committee; coercive action suspended for two months or until mediation report; liberty to file fresh 482 application if mediation fails.

Sami Khan Vs State of U.P. and Another — Civil Procedure and Limitation | Allahabad HC (2023)

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Court No. - 52

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Case :- APPLICATION U/S 482 No. - 4235 of 2023

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Applicant :- Sami Khan Opposite Party :- State of U.P. and Another Counsel for Applicant :- Taniya Pandey,Ramajan Ahmad Counsel for Opposite Party :- G.A.

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Hon'ble Shiv Shanker Prasad,J.

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Heard the learned counsel for the applicants, learned A.G.A. for the State as well as perused the material available on record.

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This application under Section 482 Cr.P.C. has been filed to quash the summoning order dated 28th August, 2017, order issuing nonbailable warrant dated 31st August, 2017, order for initiating proceedings under Section 82 Cr.P.C. dated 29th October, 2022 as well as the entire proceeding of Complaint Case No. 115 of 2016 (Om Prakash Vs. Mohd. Rashid & Others), under Sections 420, 467, 468 and 471 I.P.C., Police Statition-Kotwali, District-Bareily, pending in the Court of Civil Judge (Junior Division), Fast Track Court No.1, Bareilly.

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At present, prima facie, it does appear that the present criminal proceedings do arise out of the land dispute between the parties, who are close related to each other. Therefore, it appears, if the parties were to be offered assistance of mediation, they may be able to resolve their differences and bring an end to all disputes and differences between them, amicably.

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In view of the aforesaid, no useful purpose would be served by keeping the proceedings of the aforesaid case pending before this Court. The Court below is directed to refer the parties to the committee constituted for mediation at District concerned within a period of 15 days from the date of receipt of the certified copy of this order.

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The mediation centre shall submit its report within one month from the date of receipt of the case before the learned Magistrate.

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For a period of two months from today or till the submission of the report by the mediation centre, no coercive action shall be taken against the applicants. If bail application is filed by the applicants, the same shall be considered and decided in accordance with law.

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It is however provided that in case the mediation fails, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C.

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With the aforesaid observations, this application under Section 482 Cr.P.C., stands disposed of.

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Order Date :- 3.3.2023 Sushil/-

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Digitally signed by :- SUSHIL KUMAR SINGH High Court of Judicature at Allahabad

Sami Khan v. State of U.P. and Another

Case brief

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Sami Khan v. State of U.P. and Another

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