Remanded

Mohd. Anshar Ali v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Allahabad HC19 Sept 2024A482/8405/2024

Case brief

AI extract

What is this about?

The Single Judge referred the criminal matter under Section 482 CrPC to the Mediation and Conciliation Centre for possible settlement. Rs.10,000/- of the deposited amount was directed to be handed over to the respondent on their first appearance.

What did the court decide?

Matter referred to Mediation Centre; Rs.10,000/- released to respondent on first appearance; Rs.5,000/- retained.

Mohd. Anshar Ali vs State of U.P. Thru. Prin… — Criminal Trial and Appeal | Allahabad HC (2024)

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Court No. - 14

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Case :- APPLICATION U/S 482 No. - 8405 of 2024

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Applicant :- Mohd. Anshar Ali Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Arun Kumar Pandey,Saurabh Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Ajai Kumar Srivastava-I,J.

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Vakalatnama filed today by Sri Shailendra Kumar Tiwari, Advocate on behalf of opposite party no.2 is taken on record.

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Heard learned counsel for the applicant, learned A.G.A. for the State and learned counsel for opposite party no.2.

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Pursuant to order dated 19.09.2024, passed by a coordinate Bench of this Court, the amount of Rs.15,000/- has already been deposited by the applicant and the receipt of the same is available on record.

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Learned counsel for applicant as well as learned counsel for opposite party no.2 have informed the Court that they have instructions to state that there is a possibility of settlement between the parties in case the matter is refer to the Mediation Centre of this Court.

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This Court is also satisfied on the basis of perusal of the record and the submissions made before it that the nature of litigation is such that there is a possibility to resolve the matter through the process of mediation and an attempt ought to be made to explore that possibility.

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Accordingly, the matter is being referred to the Mediation and Conciliation Centre of this Court. The parties shall appear before the Mediation and Conciliation Center on 05.11.2024. Out of the aforesaid amount of Rs.15,000/-, which has already been deposited by the applicant, Rs.10,000/- shall be handed over to the opposite

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party no.2, on her first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation Centre.

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The mediator is allowed two months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation on or before the next date.

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List thereafter along with mediation report.

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Interim order, if any, shall continue to operate till the next date of listing.

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It is needless to mention that in case of nonparticipation of the applicant in the mediation proceedings, the interim order shall stand automatically vacated without any further reference of this Court. In that eventuality, learned trial Court shall be at liberty to proceed in this matter in accordance with law.

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When the case is next listed, the name of Sri Shailendra Kumar Tiwari, Advocate shall be shown as counsel for opposite party no.2.

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(Ajai Kumar Srivastava-I, J.) Order Date :- 18.10.2024 A.Dewal

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Digitally signed by :- ASHISH DEWAL High Court of Judicature at Allahabad, Lucknow Bench

Mohd. Anshar Ali v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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What did the court decide?

Mohd. Anshar Ali v. State of U.P. Thru. Prin. Secy. Home Lko. and Another

Case brief

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