Arif Alias Mohammad Arif vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

Arif Alias Mohammad Arif vs State of U.P. Thru. Prin… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Quashing prayer not decided; matter referred to the Mediation and Conciliation Centre with interim protection that no coercive action shall be taken against the applicant till the next date of listing, conditional on deposit of Rs.25,000/- within 15 days (Rs.20,000/- to opposite party no.2, Rs.5,000/- retained by the Centre); matter listed after three months along with mediation report.

Issue for consideration

Whether the charge sheet dated 21.06.2015 in Case Crime No.262/2014 (State vs. Arif) under Sections 406, 506 I.P.C. and the summoning order dated 07.08.2015 ought to be quashed under Section 482 Cr.P.C. +1 more

Court's answer

Interim protection granted: till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

Ratio / Principle

The Court is satisfied that the nature of the litigation leaves room for amicable resolution and accordingly refers the dispute between the parties to the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow.

Key takeaways

Applicant directed to deposit Rs.25,000/- within 15 days by demand draft at the Mediation Centre, out of which Rs.20,000/- shall be handed over to opposite party no.2 on his first appearance and Rs.5,000/- retained by the Centre; failure to deposit within the stipulated period forfeits the benefit of this order.ratio¶9
The mediator is allowed two months to find a possible solution of the dispute and send a report on the outcome of mediation; the matter is to be listed after three months before the appropriate Bench along with the mediation report.ratio¶12

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Court No. 11) — Application under Section 482 Cr.P.C. (No. 5064 of 2025) by Arif alias Mohammad Arif praying quashing of charge sheet dated 21.06.2015 in Case Crime No.262/2014 (State vs. Arif) under Sections 406, 506 I.P.C. and summoning order dated 07.08.2015, Police Station Indira Nagar, District Lucknow, arising out of a money transaction between the applicant and opposite party no.2. Holding that the nature of the litigation admits of amicable resolution, Subhash Chandra Sharma, J. referred the dispute to the Mediation and Conciliation Centre, High Court Lucknow Bench; the applicant was directed to deposit Rs.25,000/- within 15 days by demand draft, of which Rs.20,000/- goes to opposite party no.2 on first appearance and Rs.5,000/- remains with the Centre; the mediator got two months to report, with listing after three months before the appropriate Bench. Till the next date, no coercive action was to be taken against the applicant, subject to timely deposit, failing which the benefit of the order is lost. The quashing question itself was left open.

Court No. - 11

Case :- APPLICATION U/S 482 No. - 5064 of 2025

Applicant :- Arif Alias Mohammad Arif Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko. And Another Counsel for Applicant :- Rakesh Kumar Nayak Counsel for Opposite Party :- G.A.

Hon'ble Subhash Chandra Sharma,J.

Heard learned counsel for the applicant as well as learned A.G.A. for the State and perused the record.

The present application u/s 482 Cr.P.C. has been filed with prayer to quash the charge sheet dated 21.06.2015, Case Crime No.262/2014 (State vs. Arif) under Sections 406, 506 I.P.C. as well as summoning order dated 07.08.2015, Police Station Indira Nagar, District Lucknow and also prays to stay the proceedings of the aforesaid case.

Learned counsel for the applicant submits that the matter is related to transaction of money between the applicant and the opposite party no.2 and applicant has intention to settle the same amicably. Learned counsel for the applicant further urged that this case may be referred to the Mediation Centre of this Court so that they may have a chance to settle their dispute on their own terms through mediation. In order to show his bona fide the applicant is ready to deposit Rs.20,000/- to be handed over to the opposite party no.2 on his first appearance before Mediation.

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

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow. The applicant will deposit Rs.25,000/- within a period of 15 days from today at the Mediation Centre through demand draft out of which Rs.20,000/- shall be handed over to the opposite party no.2 on his first appearance. It is further provided that Rs.5,000/- will remain deposited with the Mediation and Conciliation Centre, High Court Lucknow Bench, Lucknow.

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.

Put up this matter after three months in the additional cause list before the appropriate Bench along with report of the Mediation and Conciliation Centre.

Till the next date of listing, no coercive action shall be taken against the applicant in the aforesaid case.

It is made clear that if applicant fails to deposit the amount within the aforesaid period the benefit of this order shall not be given to him.

Order Date :- 24.6.2025 Ashok Gupta

Digitally signed by :- ASHOK KUMAR GUPTA High Court of Judicature at Allahabad, Lucknow Bench