Partly allowed

Bindu Kewat v. State of U.P. and Another

Allahabad HC7 Nov 2024ABAIL/10795/2024

Case brief

AI extract

What is this about?

In an anticipatory bail application regarding a cheating FIR related to a non-executed sale deed, the court referred the matter to the Mediation Centre, directed the applicant to deposit a fee, and granted interim immunity from arrest pending mediation.

What did the court decide?

Directed applicant to deposit Rs.30,000 with the Mediation Centre for resolution of the dispute; granted immunity from arrest pending the settlement of the matter under reference.

Bindu Kewat vs State of U.P. and Another — Anticipatory Bail | Allahabad HC (2024)

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Court No. - 70

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Case :- CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 10795 of 2024

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Applicant :- Bindu Kewat Opposite Party :- State of U.P. and Another Counsel for Applicant :- Anand Yadav,Kirt Raj Yadav,Mukesh Singh Counsel for Opposite Party :- G.A.

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Hon'ble Deepak Verma,J.

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Heard learned counsel for the applicant and learned A.G.A. for the State.

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The instant Anticipatory Bail Application has been filed with a prayer to grant anticipatory bail to the applicant in Case No.18117 of 2024 (State vs. Bindu Kewat) arising out of Case Crime No.24 of 2023, under Sections 420, 406, 506, 504 I.P.C. P.S. Tiwaripur, District Gorakhpur during pendency of trial.

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Learned counsel for the applicant submits that the instant FIR is malice prosecution. Allegation in the FIR is that after getting advance money, applicant has not executed sale deed in favour of the informant. Learned counsel for the applicant submits that 50% of the amount has been paid to the informant. He next submitted that matter is referred to Mediation and Conciliation Centre, High Court, Allahabad. There is chances to settle the matter between the parties if the matter is being referred to Mediation Centre.

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At present, prima facie , it does appear that the present criminal proceedings do arise out of sale deed between the parties. Therefore, it further 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.

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It is directed that applicant shall deposit a sum of Rs.30,000/within two weeks from today with the Mediation Centre of which Rs.25,000/- shall be paid to the opposite party no.2 for appearance before the Mediation Centre on a date to be fixed by the mediation center. Balance Rs.5,000/- shall be retained by the mediation center towards its expenses.

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The matter is referred to the Mediation Centre with the direction that same may be tried to be resolved after giving notices to both the parties.

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It is directed that Mediation Centre shall proceed in the matter expeditiously preferably within a period of three months. Thereafter the case shall be listed before appropriate Bench.

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Subject to the applicant depositing the amount of Rs. 30,000/- as above, till the next date of listing, applicant shall not be arrested in the aforesaid case crime number.

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After depositing the amount, aforesaid, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

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Order Date :- 7.11.2024/SKD

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Digitally signed by :- SURJIT KUMAR DEY High Court of Judicature at Allahabad

Bindu Kewat v. State of U.P. and Another

Case brief

What is this about?

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Bindu Kewat v. State of U.P. and Another

Case brief

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