Partly allowed

Ajay Shankar Awasthi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Allahabad HC23 Jan 2024A482/557/2024

Case brief

AI extract

What is this about?

The High Court held that in a family dispute between brothers regarding ancestral property, it is appropriate to refer the parties to mediation for amicable settlement. The Court imposed conditions on the deposit of security money to prevent abuse of the mediation process and stayed coercive action pending the mediation outcome.

What did the court decide?

Criminal proceedings quashed and stayed; parties directed to attend mediation; summons order quashed; conditional deposit of Rs.10,000 ordered.

Ajay Shankar Awasthi and Another vs State of U.P. Thru… — Quashing and FIR | Allahabad HC (2024)

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Court No. - 28

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Case :- APPLICATION U/S 482 No. - 557 of 2024

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Applicant :- Ajay Shankar Awasthi And Another Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko And Another Counsel for Applicant :- Neeraj Singh Counsel for Opposite Party :- G.A.

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Hon'ble Rahul Chaturvedi,J.

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Heard learned counsel for the applicants as well as learned A.G.A.

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By means of the present application, the prayer sought by the applicants is to quash the entire proceeding of complaint case no.1200 of 2023 under sections 427, 504, 506 IPC, relating to police station-Sohramau, District-Unnao pending in the court of learned Additional Chief Judicial Magistrate, Court No.1, Unnao as well as impugned summoning order dated 24.11.2023 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Unnao.

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Submission made by learned counsel for the applicants is that the present case is an outcome of family tussle between the two real brothers. The applicant no.1 and opposite party no.2 are real brothers and there is some dispute with regard to some ancestral property. It is contended by learned counsel for the applicants that in respect to ancestral property, opposite party no.2 has already initiated the civil proceedings for cancellation of gift deed and Will of his father.

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Keeping in view the undercurrent of the controversy is of family tussle between two real brothers, it would be just and proper that an opportunity may be afforded to both the parties to sit across the table and search out the ways and means for the amicable settlement outside the Court. Learned counsel for the applicants next submitted that there is every likelihood that the said dispute could be well settled, if the matter is referred to the Mediation Centre of Allahabad High Court.

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Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice and in a larger good, let an opportunity be granted to settle their disputes in an amicable and congenial way.

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Under the circumstances, both the parties shall appear before the Mediation Centre and after sitting across the table, would melt the ice between them and would explore the possibilities of settling the dispute.

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Under the circumstances, let notice be issued to opposite party no.2 to put his appearance before the Mediation Centre of this Court.

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Thus, it is directed that applicants shall deposit a sum of Rs.10,000/- latest by 31.01.2024 with the Mediation Centre of which the entire amount shall be paid

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to opposite party no.2 only after process is over before the Mediation Centre. The Court expects that both the parties would render necessary assistance to settle their discord once for all.

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It has come to the notice of this Court that the parties in other cases are coming to the process of mediation in most non-serious way and premeditated mind. The Court refers the matter to the A.H.C.M.C.C. 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 applicant. If the opposite parties are coming to the Centre with different design in their mind and for only receiving the amount, deposited by the applicant, 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 Centre 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 applicant.

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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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(d) In case the aforesaid amount is not deposited by the applicant 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 Centre and the matter would be remitted to the court concerned immediately and interim order shall be deemed to be vacated automatically. Their is no need of any formal order for vacating the stay by the Court.

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The matter is remitted to the Mediation Centre with the direction that the Mediation Centre 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 Centre. It is made clear that High Court Mediation & Conciliation Centre, Allahabad is required to submit its report within three months.

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Thereafter, the case shall be listed in the first week of May, 2024 along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

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Till the completion of process of mediation, no coercive action shall be taken against the applicants in connection with the complaint case no.1200 of 2023 under sections 427, 504, 506 IPC, relating to police station-Sohramau, DistrictUnnao pending in the court of learned Additional Chief Judicial Magistrate,

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Court No.1, Unnao as well as impugned summoning order dated 24.11.2023 passed by the learned Additional Chief Judicial Magistrate, Court No.1, Unnao.

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It is made clear that this interim order shall be subjected to final outcome of the mediation process between the parties.

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Order Date :- 23.1.2024 Sumit S

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Digitally signed by :- SUMIT SRIVASTAVA High Court of Judicature at Allahabad, Lucknow Bench

Ajay Shankar Awasthi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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Ajay Shankar Awasthi and Another v. State of U.P. Thru. Prin. Secy. Home Deptt. Civil Sectt. Lko and Another

Case brief

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