Ashish Kumar Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

Ashish Kumar Yadav Vs State of U.P. Thru. Prin. Secy. Home Lko. and Another — Allahabad HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim relief only: proceedings in issue stayed qua the applicant till the next date of listing (11.04.2025); matter referred to the Mediation and Conciliation Centre for 28.02.2025 with a conditional deposit of Rs. 25,000/-; notice to opposite party No. 2. Final disposal of the application deferred pending mediation report.

Issue for consideration

Whether the N.B.W. order dated 05.08.2022, the charge sheet No. 50/2012 and the entire proceedings of Case No. 3341/2012 (arising out of Crime No. 1594/2011) should be set aside. +1 more

Court's answer

Till the next date of listing, the proceedings in issue shall remain stayed qua the applicant.

Ratio / Principle

The matter is placed before the Mediation and Conciliation Centre of the Court on 28.02.2025 to explore possibility of amicable settlement.

Key takeaways

The applicant shall deposit Rs. 25,000/- before the Mediation and Conciliation Centre of the Court within ten days, which shall be released in favour of the opposite party No. 2 forthwith.ratio¶10
Notice is to be issued to the opposite party No. 2, with steps to be taken within four working days.ratio¶11
The case is to be listed before the Court on 11.04.2025 along with the report of the Mediation and Conciliation Centre.ratio

Detailed headnote1 paragraphs

Interim order in an application under Section 482 (Application U/S 482 No. 714 of 2025) by Ashish Kumar Yadav seeking setting aside of the N.B.W. order dated 05.08.2022 issued by the Chief Judicial Magistrate, Sultanpur, the charge sheet No. 50/2012, and the entire proceedings of Case No. 3341/2012 (State versus Ashish Yadav), Crime No. 1594/2011, U/S 498-A, 323, 504 & 506 IPC and U/S 3/4 of the D.P. Act, P.S. Kotwali Nagar, District Sultanpur. The applicant expressed readiness to settle the dispute amicably through mediation. The Court (Saurabh Lavania, J.) referred the matter to the Mediation and Conciliation Centre of the Court for 28.02.2025, directed the applicant to deposit Rs. 25,000/- within ten days (to be released to opposite party No. 2 forthwith), issued notice to opposite party No. 2 (steps within four working days), and stayed the proceedings in issue qua the applicant till the next date, 11.04.2025. The interim protection was made conditional on the deposit and steps being taken; if mediation fails, extension of the interim order was stated to be only after hearing counsel for the applicant on merits.

Court No. - 12

Case :- APPLICATION U/S 482 No. - 714 of 2025

Applicant :- Ashish Kumar Yadav Opposite Party :- State Of U.P. Thru. Prin. Secy. Home Lko. And Another Counsel for Applicant :- Hanumant Lal Yadav,Shailendra Singh Chauhan Counsel for Opposite Party :- G.A.

Hon'ble Saurabh Lavania,J.

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

The present application has been filed by the applicant seeking following main relief(s):-

"WHEREFORE, it is most respectfully prayed that this Hon'ble court may graciously be pleased to set aside the impugned N.B.W. order dated 05.08.2022 issued by the Chief Judicial Magistrate Sultanpur in Case No.3341/2012 (State versus Ashish Yadav) Crime No. 1594/2011, U/S 498-A, 323,504 & 506 IPC & U/S 3/4 of D.P. Act, P.S.Kotwali Nagar, District Sultanpur and also set aside the charge sheet No. 50/2012. Contained as ANNEXURE NO. 1&2 to this petition.

It is further prayed that this Hon'ble court to set aside the entire proceedings of Case No. 3341/2012 (State versus Ashish Yadav ) Crime No. 1594/2011, U/S 498-A, 323,504 & 506 IPC & U/S 3/4 of D.P. Act, P.S.Kotwali Nagar, District Sultanpur Pending in the court of Chief Judicial Magistrate Sultanpur."

Learned counsel for the applicant stated that the applicant is ready to settle the dispute amicably by way of mediation, as such, the matter may be referred to Mediation and Conciliation Centre of this Court, so as to explore possibility of amicable settlement of dispute between the parties and to show the bonafide, he says that the applicant is ready to deposit an amount to the tune of Rs.25,000/- before Mediation and Conciliation Centre of this Court.

In view of above, it is provided that the matter be placed before Mediation and Conciliation Centre of this Court on 28.02.2025. The applicant shall deposit an amount of Rs.25,000/- before the Mediation and Conciliation Centre of this Court, within ten days from today, which shall be released in favour of the opposite party No. 2 forthwith.

Issue notice to the opposite party No. 2. Steps in this regard be taken within four working days.

List/put up this case before this Court on 11.04.2025 along with the report of Mediation and Conciliation Center of this Court.

Till the next date of listing, the proceedings in issue shall remain stayed qua the applicant.

In case, the amount aforesaid is not deposited and steps are not taken by the applicant within the specified time, the interim protection granted by this Court shall not be available to the applicant.

It is also made clear that if the mediation/settlement fails, the interim order would be extended only after hearing the learned counsel for the applicant on merits.

Order Date :- 27.1.2025

ML/-

Digitally signed by :- MUNNA LAL High Court of Judicature at Allahabad, Lucknow Bench