This court listed a quashing application for further mediation and ordered the applicant to deposit Rs. 50,000 to continue the mediation proceedings.
Matter referred to mediation; applicant directed to deposit Rs. 50,000; interim stay of coercive steps continued.
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Court No. - 13
Case :- APPLICATION U/S 482 No. - 9391 of 2024 Applicant :- Sanjay Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. U.P. And Another Counsel for Applicant :- Neeraj Kumar Saxena,Gaurav Saxena,Jayaditya Rai,Rishi Saxena
Counsel for Opposite Party :- G.A.,Ashish Kumar Rastogi
Hon'ble Rajeev Singh,J.
1. On 28.11.2024 the following order was passed:
“ 1. On 22.11.2024 following order was passed:-
2. On 12.11.2024 following order was passed:-
"1. Heard Ms. Yogita, learned counsel for the applicant and learned A.G.A. for the State.
2. Present application has been filed with the prayer to quash the proceedings in the Case Crime No.0129 of 2022 under Sections 406, 323, 504 506 IPC and P.S.- Mohanlalganj District- Lucknow.
3. Learned counsel for the applicant submits that the construction work was given to the applicant by the complainant but the payment was not being made, as a result, some dispute was arisen in between them but only with the intention to make pressure on the applicant for taking more construction work, FIR of case in question was lodged. She further submits that there is possibility of settlement between the parties, in case, the matter is referred to Mediation Centre of this Court.
4. Learned A.G.A. has vehemently opposed the prayer of applicant but he does not dispute this fact that there is some money dispute in between both the parties.
5. Considering the submissions of learned counsel for the parties, going through the contents of application as well as other relevant documents, it is evident that some construction work was given to the applicant by the complainant, thereafter, the dispute in question was arisen between them, therefore, possibility of settlement cannot be ruled out.
6. List this case on 22.11.2024.
7. On the next date, applicant as well as complainant/respondent no.2, namely, Akhilesh Chandra S/o late Shri Kedarnath, R/o 589 B/283, Ambedkarnagar, Telibagh, PGI, Lucknow, UP-226060 shall appear in person before this Court.
8. SHO, P.S.- Mohanlalganj, District- Lucknow is directed to ensure the presence of respondent no.2 before this Court on the next date."
3. In pursuance of the aforesaid order, parties along with Sub-Inspector Sri Ajay Kumar Patel, Police Station Mohanlalganj, District Lucknow
are present before this Court.
4. List this case on 28.11.2024 at 11.30 a.m.
5. On the next date, parties shall again appear before this Court.
6. The officer present today need not appear again unless called for."
2. In pursuance of aforesaid order, parties are present before this Court. They have agreed for mediation, accordingly, the matter is referred to Mediation and Conciliation Center of this Court.
4. Applicant as well as opposite party No.2 are directed to appear before the Mediation and Conciliation Center of this Court on 02.12.2024 at 11.30 a.m.
5. The applicant is directed to deposit a sum of Rs.50,000/- before the Senior Registrar of this Court within three days from today.
6. List this case on 19.12.2024 at 11.30 a.m. along with the report of the Mediation Center.
7. Till the next date of listing, no coercive steps shall be taken against the applicant.
8. In case, the aforesaid amount is not deposited within the stipulated period, the interim order shall automatically vacated.”
( Rajeev Singh, J. )
Order Date :- 19.12.2024/A.Nigam
Digitally signed by :- ANUJ NIGAM High Court of Judicature at Allahabad, Lucknow Bench
Sanjay Kumar Yadav
State Of U.P.
Akhilesh Chandra
Rajeev Singh
As recorded by the court registry
4 orders share this CNR
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