Remanded

Mohammad Afzal v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

Allahabad HC10 Dec 2024A482/332/2024

Case brief

AI extract

What is this about?

In an application under Section 482 Cr.P.C. for quashing criminal proceedings arising from a family dispute over ancestral property, the High Court invoked its extraordinary powers to direct the parties to participate in mediation. The Court remitted the matter to the Mediation Center, imposed a deposit requirement, and stayed further proceedings pending the mediation report.

What did the court decide?

Application remitted to the Mediation Center; further proceedings stayed pending mediation report and conciliation.

Mohammad Afzal vs State of U.P. Thru. Prin. Secy. Home… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 332 of 2024

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Applicant :- Mohammad Afzal Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. And Another Counsel for Applicant :- Sumit Kumar Srivastava Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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(1) Heard Shri Sumit Kumar Srivastava, learned counsel for the applicant and learned AGA for the State.

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(2) Invoking the extra-ordinary power u/s 482 Cr.P.C. this application has been filed by the applicant seeking the quashing further proceedings of Case No.4412 of 2022 (State Vs. Afzal) arising out of Case Crime No.280 of 2017, under Section 406, 452, 323, 504, 506, 447 and 342 IPC, Police Station- Kunda, District- Pratapgarh pending in the court of Additional CJM, Kunda, Pratapgarh as well as charge sheet dated 13.04.2022 and summoning order dated 08.11.2022.

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(3) From the array of the parties, it is clear that contesting parties are real brothers and the sons of late Farid Ahmad. There is a dispute regarding distribution of ancestral property, which is led to this criminal proceedings. Before, I venture into the merit of the case, it is imperative to refer the matter before Mediation Centre of this Court so as to settle down the issue amicably.

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(4) Contention of learned counsel for the applicants is that the soul and gist of the allegations is of family discord between the parties which resulted into the present case. It is also submitted that there is likelihood that the things may be sorted out, if an opportunity be given to them to sit across the table before the Mediation Centre of this High Court.

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(5) Considering the nature of differences and nature of prosecution between the parties, the Court feels that in the interest of justice let an opportunity be granted to settle their misgiving and "issue" (if any) in an amicable and congenial way. Thus, it is directed that applicants shall deposit a sum of Rs.10,000/- latest by 25.1.2024 with the Mediation Center, of which the entire amount shall be paid to the opposite party no.2 before the Mediation Center. The Court expects that both the parties would render necessary assistance to settle their discord once and for all.

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(6) It has come to the notice of this Court that the parties are

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coming to the process of mediation in most non-serious way and premeditated mind. The Court refers the matter to the Mediation Centre of this High Court with hope and trust that the parties would utilize this process and platform to have some fruitful result. The process of mediation is not for earning the amount deposited by the applicants. If the opposite parties are coming to the Center with different design in their mind and for only receiving the amount, deposited by the applicants, then this practice has to be deprecated and condemned. Thus, it is directed that if the opposite parties are coming and participating the process of mediation, then the entire amount would not be handed over to them in one go, and the same would be handed over to them in following manner :

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(a) If opposite parties approaches the Mediation Center in only one date and submits that they are no more interested in the process of mediation or absented themselves from successive occasions without any justifiable reasons, then only 50% of the entire amount deposited by the applicants, would be handed over to them or their representatives or counsel and rest amount would go to the applicants.

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(b) If the contesting parties are coming and participating in the process of mediation for two or more occasions, then only the opposite parties would be entitled for full amount;

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(c) If despite of the due notice to opposite parties, they do not appear without any justifiable reasons, then the entire amount would be refunded to the applicant.

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(6) The matter is remitted to the Mediation Center with the direction that the Mediation Center shall conclude the mediation and conciliation proceedings expeditiously, preferably within a period of three months after giving notices to both the parties. Only after the aforesaid amount is deposited by the applicants, notice shall be issued to the parties by the registry of Mediation Center. It is made clear that High Court Mediation & Conciliation Center, is required to submit its report within three months.

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(8) Thereafter, the case shall be listed in the last week of April, 2024 along with the report of Mediation Center before appropriate Court.

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(9) Till the next date of listing, further proceedings of the aforesaid case shall remain stayed, so as to enable the parties to break the ice between them.

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(10) In case the aforesaid amount is not deposited by the

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applicants within the aforesaid period or after depositing the aforesaid amount they fail to participate in the mediation process without any justifiable reason or prior notice, the entire amount would be fortified in the account of Mediation Center and the matter would be remitted to the Court immediately and interim order shall be deemed to be vacated automatically. There is no need of any formal order for vacating the stay by the Court.

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Order Date :- 16.1.2024 Ashutosh

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Digitally signed by :- ASHUTOSH PANDEY High Court of Judicature at Allahabad, Lucknow Bench

Mohammad Afzal v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

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Mohammad Afzal v. State of U.P. Thru. Prin. Secy. Home Deptt. Govt. Lko. and Another

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