Partly allowed

Risalat Ali and 5 Others v. State of Up and 2 Others

Allahabad HC21 Aug 2024CRLP/4683/2024

Case brief

AI extract

What is this about?

Hon'ble Jitendra Kumar Patel, J. of Allahabad High Court, disposed of a writ petition for quashing an FIR regarding a property dispute. Post-failed mediation and pending civil suit for cancellation, the court extended the interim protection against coercive action by authorizing parties to file counter-affidavits.

What did the court decide?

Extension of interim order staying coercive action; directions for filing counter-affidavits and rejoinders.

Risalat Ali and 5 Others vs State of Up and 2… — Writ and Judicial Review | Allahabad HC (2024)

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Court No. - 42

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Case :- CRIMINAL MISC. WRIT PETITION No. - 4683 of 2024

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Petitioner :- Risalat Ali And 5 Others Respondent :- State Of Up And 2 Others Counsel for Petitioner :- Rajnish Kumar Pandey,Santosh Kumar Pandey Counsel for Respondent :- G.A.,Lalit Prakash

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Hon'ble Vivek Kumar Birla,J. Hon'ble Arun Kumar Singh Deshwal,J.

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Heard Sri Santosh Kumar Pandey, learned counsel for the petitioners, Sri Lalit Prakash, learned counsel appearing for the informant and Sri Kuldeep Singh Chauhan, learned AGA for the State-respondents.

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The relief sought in this petition is for quashing of the F.I.R. dated 01.03.2024 registered as Case Crime No.114 of 2024, under Sections- 420, 467, 468, 471 I.P.C., Police Station- Meergang, District Bareilly. Further prayer has been made not to arrest the petitioners in the aforesaid case.

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On 04.04.2024 following order was passed:-

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"1. Heard learned counsel for the petitioners and learned A.G.A. for the State.

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2. This writ petition has been filed with the prayer to quash the First Information Report dated 01.03.2024, registered as Case Crime No. 114 of 2024, under Sections 420, 467, 468, 471 I.P.C., Police Station - Meerganj, District- Bareilly.

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3. Submission is that petitioners were not aware about the previous sale deed executed by their predecessor in interest in 1995 and since the accused petitioners continuously remain recorded over the land, under a bona fide believe they transferred the property. After the factum of 1995 sale deed came to the notice of the accused, they have filed suit for cancellation of their sale deed. Submission is that there is a genuine possibility of resolution of dispute in the event the matter is referred to Mediation Centre of this Court.

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4. In the facts of the present case we are of the view that an attempt be made to resolve the differences between the parties by way of mediation. It is, therefore, directed that petitioners shall deposit a sum of Rs. 10,000/- within two weeks from today with the Mediation Centre towards the expenses of mediation.

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5. The matter is remitted to the Mediation Centre with the direction that same may be decided after giving notices to both the parties.

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6. It is directed that Mediation Centre shall decide the matter, expeditiously, preferably within a period of three months.

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7. List thereafter.

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8. Subject to petitioners depositing the aforesaid amount and also participating in the mediation proceedings, no coercive action shall be taken against them pursuant to the impugned First Information Report, till the next date of listing.

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9. After depositing the amount, aforesaid, notice shall be issued to the parties. In the event of failure of compliance, the petition shall stand dismissed without reference to the Court."

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However, we find that as per mediation report dated 08.08.2024, the mediation completed but no agreement, meaning thereby mediation has failed.

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We find that in paragraph no.3 of the petition the specific contention raised by learned counsel for the petitioner has been noted.

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In view of the submissions so made and particularly in view of the fact that the petitioners have filed a suit for cancellation of their sale deed is pending.

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It is provided that till the next date of listing, interim order already granted is extended.

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All the respondents may file their counter affidavit within four weeks. Petitioners will have three weeks thereafter for filing rejoinder affidavit.

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List thereafter.

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Order Date :- 21.8.2024 Jitendra

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Digitally signed by :- JITENDRA KUMAR PATEL High Court of Judicature at Allahabad

Risalat Ali and 5 Others v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

Risalat Ali and 5 Others v. State of Up and 2 Others

Case brief

What is this about?

What did the court decide?

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