Saurabh Dwivedi @ Saurabh Kumar Dwivedi and Another… — Cheating and Forgery | Allahabad HC (2023)

Saurabh Dwivedi @ Saurabh Kumar Dwivedi and Another… — Cheating and Forgery | Allahabad HC (2023)

What the court decided

AI extract

Outcome

Application disposed of with directions to refer the parties to mediation; no coercive action against the applicants for two months or till the mediation report; bail applications, if filed, to be decided in accordance with law; liberty to file a fresh Section 482 Cr.P.C. application if mediation fails.

Issue for consideration

Whether the charge-sheet dated 6th June, 2021, the cognizance order dated 28th April, 2022 and the entire proceedings of Criminal Case No. 74157 of 2022 should be quashed under Section 482 Cr.P.C. +1 more

Ratio / Principle

Prima facie, the criminal proceedings arise out of a money dispute between the parties, who are known related to each other, and mediation may enable them to resolve their differences amicably.

Key takeaways

The Court below is directed to refer the parties to the district mediation committee within 15 days of receipt of the certified copy of the order, and the mediation centre shall submit its report within one month of receipt of the case.ratio¶9
For two months from the order or till submission of the mediation report, no coercive action shall be taken against the applicants; any bail application filed shall be considered and decided in accordance with law.ratio¶11
In case the mediation fails, the applicants shall be at liberty to file a fresh application under Section 482 Cr.P.C.

Detailed headnote1 paragraphs

Section 482 Cr.P.C. — quashing application — charge-sheet dated 06.06.2021 and cognizance dated 28.04.2022 in Criminal Case No. 74157 of 2022 (State Vs. Saurabh Dwivedi & Others), arising from Case Crime No. 1534 of 2020 under Sections 420, 406, 504 and 506 I.P.C., P.S. Kalyanpur, Kanpur Nagar — proceedings prima facie found to arise out of a money dispute between related parties — Court below directed to refer parties to district mediation committee within 15 days; mediation report due within one month — no coercive action against applicants for two months or till mediation report; bail applications to be decided per law — fresh Section 482 application permitted if mediation fails — application disposed of (Shiv Shanker Prasad, J.), order dated 20.3.2023.

Court No. - 73

Case :- APPLICATION U/S 482 No. - 5291 of 2023

Applicant :- Saurabh Dwivedi @ Saurabh Kumar Dwivedi And Another

Opposite Party :- State of U.P. and Another Counsel for Applicant :- Sudhakar Shukla Counsel for Opposite Party :- G.A.

Hon'ble Shiv Shanker Prasad,J.

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

This application under Section 482 Cr.P.C. has been filed to quash the charge-sheet dated 6th June, 2021, cognizance taking dated 28th April, 2022 as well as the entire proceeding of Criminal Case No. 74157 of 2022 (State Vs. Saurabh Dwivedi & Others), arising out of Case Crime No. 1534 of 2020, under Sections 420, 406, 504 and 506 I.P.C., Police Station-Kalyanpur, District-Kanpur Nagar, pending in the Court of Additional Chief Metropolitan Magistrate-II, Kanpur Nagar.

At present, prima facie, it does appear that the present criminal proceedings do arise out of the money dispute between the parties, who are known 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.

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.

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

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.

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.

With the aforesaid observations, this application under

Section 482 Cr.P.C., stands disposed of.

(Shiv Shanker Prasad, J.)

Order Date :- 20.3.2023

Sushil/-

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