Pawan Kumar Mishra Alias Shambhu Mishra Vs State of… — Cheating and Forgery | Allahabad HC (2025)

Pawan Kumar Mishra Alias Shambhu Mishra Vs State of… — Cheating and Forgery | Allahabad HC (2025)

What the court decided

AI extract

Outcome

Petition adjourned without final decision on the quashing prayer; interim relief granted - no coercive steps against the petitioner in pursuance of FIR No. 0108 of 2025 till next date of listing (29.07.2025); notice to opposite party no.4; petitioner and respondent no.4 to appear on the next date to explore mediation, with petitioner to deposit Rs. 1,50,000 before the Mediation and Conciliation Centre within ten days.

Issue for consideration

Whether the First Information Report No. 0108 of 2025 under Sections 406 and 420 I.P.C., Police Station Biswan, District Sitapur, lodged by the private respondent, should be quashed. +1 more

Court's answer

Interim protection: till the next date of listing, no coercive steps shall be taken against the petitioner in pursuance of the aforementioned FIR.

Ratio / Principle

The Court is of the considered view that a dispute in business relationship between the parties can be settled through the process of mediation; the quashing prayer was not decided at this stage and the matter was routed towards mediation.

Key takeaways

Notice was ordered to be issued to the opposite party no.4, steps to be taken within a week, and the matter was listed for 29.07.2025.ratio¶12
On the next date of listing the petitioner and respondent no.4 are directed to appear before this Court to find out the possibility of mediation.ratio¶15
The petitioner is directed to deposit Rs. 1,50,000 before the Mediation and Conciliation Centre within ten days.ratio

Detailed headnote1 paragraphs

Allahabad High Court, Lucknow Bench (Alok Mathur and Shree Prakash Singh, JJ.), CRIMINAL MISC. WRIT PETITION No. 5572 of 2025, order dated 30.6.2025. Petition by Pawan Kumar Mishra alias Shambhu Mishra seeking quashing of FIR No. 0108 of 2025 under Section 406, 420 I.P.C., Police Station Biswan, District Sitapur, lodged by the private respondent over a water-tank construction contract dispute in which, per counsel's submissions, Rs. 5,00,000 was allegedly taken as advance with further payments of Rs. 3,00,000, Rs. 50,000 and Rs. 35,000, and Rs. 85,000 had already been refunded by RTGS on 6.6.2025. The Court held that a dispute in business relationship between the parties can be settled through the process of mediation; issued notice to opposite party no.4; listed the matter for 29.07.2025 with directions that the petitioner and respondent no.4 appear before the Court to find out the possibility of mediation and that the petitioner deposit Rs. 1,50,000 before the Mediation and Conciliation Centre within ten days; and directed that till the next date of listing no coercive steps shall be taken against the petitioner in pursuance of the FIR.

Court No. - 2

Case :- CRIMINAL MISC. WRIT PETITION No. - 5572 of 2025

Petitioner :- Pawan Kumar Mishra Alias Shambhu Mishra Respondent :- State Of U.P. Thru. Prin. Secy. Home Deptt. Lko And 3 Others

Counsel for Petitioner :- Himanshu Suryavanshi,Ram Uggrah Shukla

Counsel for Respondent :- G.A.

Hon'ble Alok Mathur,J. Hon'ble Shree Prakash Singh,J.

Heard Sri Himanshu Suryavanshi, learned counsel for the petitioner and learned A.G.A. for the State.

By means of this petition, the petitioner has prayed for quashing the First Information Report lodged by the private respondent as First Information Report No.0108 of 2025 under Section 406, 420 I.P.C. Police Station Biswan, District Sitapur.

It has been submitted by the learned counsel for the petitioner that as per the allegations levelled by the complainant, an agreement was entered into between the complainant and the petitioner for the purpose of construction of water tanks and Rs.5,00,000/- as advance was received by Shivanshu Pandey and Rishabh Awasthi and contract letter was issued to the petitioner. It is further alleged that later on Rs.3,00,000, Rs.50,000/- and Rs.35,000 were given through transactions in account. It is submitted that only on account of the fact that work contract was not issued in favour of the complainant, present First Information Report has been lodged.

Learned counsel for the petitioner submitted that dispute in business relationship between the parties can be settled through the process of mediation. The petitioner has already refunded an amount of Rs.85,000 through RTGS on 6.6.2025 to the complainant and with regard to remaining amount, the same can be settled through the process of mediation.

Considering the submission made by the petitioner, this Court is of the considered view that dispute in business relationship between the parties can be settled through the process of mediation.

Issue notice to the opposite party no.4.

Steps be taken within a week.

List this matter on 29.07.2025.

On the next date, the petitioner and the respondent no.4 shall appear before this Court to find out the possibility of mediation and the petitioner shall deposit an amount of Rs.1,50,000/before the Mediation and Conciliation Centre ten days.

Till the next date of listing, no coercive steps shall be taken against the petitioner in pursuance of the aforementioned case.

Order Date :- 30.6.2025 Ram Murti

(Shree Prakash Singh, J.) (Alok Mathur, J.)

Digitally signed by :- RAM MURTI YADAV High Court of Judicature at Allahabad, Lucknow Bench