High Court

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

2. The relief sought in this petition is for quashing of the F.I.R. dated 16.12.2022 registered as Case Crime No.1112 of 2022 under Section 420, 406, 506, 120-B IPC, Police Station Nandgram, District Ghaziabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.

3. It is pressed that while passing the order dated 08.04.2024, the Court was under impression that the matter could be resolved amicably and the same was referred to the Mediation and Reconciliation of this Court with following observations:- "1. Heard Shri Vinay Kumar Mishra, learned counsel for the petitioners and learned A.G.A. for the State.

2. By means of the present petition, the petitioners are assailing the legality and validity of the FIR dated 16.12.2022 in case crime no. 1112 of 2022 under Sections 420, 406, 506 and 120B IPC, P.S. Nandgram, District Ghaziabad.

3. Submission advanced by learned counsel for the petitioner is that the entire tirate of allegation is relating to the distribution of share between the collateral transfer of shares between the collateral of the same family. The informant/ Sanjiv Kapoor, Director Frontier Paper and Pulps Mills Ltd. and the accused persons are his collaterals and every family tussle could be well addressed if the matter is referred to the mediation centre whereby the contesting parties may sit across the table and settle the dispute in an amicable way. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice and in a larger good, let an opportunity be granted to settle their disputes in an amicable and congenial way.

4. Let notice be issued to opposite party no.4 to put his appearance before the Mediation Centre of this Court.

5. Thus, it is directed that the petitioners shall deposit a sum of Rs.50,000/- latest by 18.04.2023 with the Mediation Centre of which the entire amount shall be paid to opposite party no.4 only after process is over before the Mediation Centre. The Court expects that both the parties would render necessary assistance to settle their discord once for all.

6. It has come to the notice of this Court that the parties in other cases are coming to the process of mediation in most non-serious way and premeditated mind. The Court refers the matter to the A.H.C.M.C.C. with hope and trust that the parties would utilize this process and platform to have some fruitful result. The process of mediation is not for earning the amount deposited by the petitioners. If the opposite parties are coming to the Centre with different design in their mind and for only receiving the amount, deposited by the petitioners, then this practice has to be deprecated and condemned. Thus, it is directed that if the opposite parties are coming and participating the process of mediation, then the entire amount would not be handed over to them in one go, and the same would be handed over to them in following manner : (a) If opposite parties approaches the Mediation Centre in only one date and submits that they are no more interested in the process of mediation or absented themselves from successive occasions without any justifiable reasons, then only 50% of the entire amount deposited by the petitioners, would be handed over to them or their representatives or counsel and rest amount would go to the petitioners. (b) If the contesting parties are coming and participating in the process of mediation for two or more occasions, then only the opposite parties would be entitled for full amount; (c) If despite of the due notice to opposite parties, they do not appear without any justifiable reasons, then the entire amount would be refunded to the petitioner. (d) After the the settlement is there the aforesaid amount of Rs.50,000/- shall be adjusted in the final settlement.

7. The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, within a period of three months after giving notices to both the parties. Only after the aforesaid amount is deposited by the petitioner, notice shall be issued to the parties by the registry of Mediation Centre. It is made clear that High Court Mediation & Conciliation Centre, Allahabad is required to submit its report within three months.

8. Thereafter, the case shall be listed in last week July, 2024 along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

9. It is made clear that investigation shall go on. Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C. the petitioner shall not be arrested, provided the petitioners shall actively participate in the investigation and as and when the required the petitioner shall appear before the concerned I.O. The fate and future of the charge-sheet shall be dependent upon the final outcome of the mediation centre.

10. In case the aforesaid amount is not deposited by the petitioners within the aforesaid period or after depositing the aforesaid amount they fail to participate in the mediation process without any justifiable reason or prior notice, the entire amount would be fortified in the account of Mediation Centre and the matter would be remitted to the court concerned immediately and interim order shall be deemed to be vacated automatically. Their is no need of any formal order for vacating the stay by the Court."

4. Learned counsel for the petitioners states that on account of non-cooperation of the informant, the Mediation could not be succeeded. He contended that the alleged offences are below seven years and till date the police report has not been submitted in the instant matter. He further states that the amount of Rs.50,000/- was deposited as per the directions issued by the Co-ordinate Bench on 08.04.2024 but the same was not received by the informant till date and ultimately the mediation has failed. He prays that leave may be accorded to the petitioners to press the appropriate application for release of the amount before the Mediation Centre of this Court.

5. Considering the facts and circumstances and the interim order dated 08.04.2024, we find that the petitioners are to be accorded ample opportunity under Section 41(1)(b) and Section 41-A of Cr.PC/Section 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with before arresting the petitioners. Leave is also accorded to the petitioners to press the appropriate application for release of the said amount before the Mediation Centre of this Court.

6. With these observations, the writ petition is disposed of. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 4.3.2025 A. Pandey

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

2. The relief sought in this petition is for quashing of the F.I.R. dated 16.12.2022 registered as Case Crime No.1112 of 2022 under Section 420, 406, 506, 120-B IPC, Police Station Nandgram, District Ghaziabad. Further prayer has been made not to arrest the petitioners in the aforesaid case.

3. It is pressed that while passing the order dated 08.04.2024, the Court was under impression that the matter could be resolved amicably and the same was referred to the Mediation and Reconciliation of this Court with following observations:- "1. Heard Shri Vinay Kumar Mishra, learned counsel for the petitioners and learned A.G.A. for the State.

2. By means of the present petition, the petitioners are assailing the legality and validity of the FIR dated 16.12.2022 in case crime no. 1112 of 2022 under Sections 420, 406, 506 and 120B IPC, P.S. Nandgram, District Ghaziabad.

3. Submission advanced by learned counsel for the petitioner is that the entire tirate of allegation is relating to the distribution of share between the collateral transfer of shares between the collateral of the same family. The informant/ Sanjiv Kapoor, Director Frontier Paper and Pulps Mills Ltd. and the accused persons are his collaterals and every family tussle could be well addressed if the matter is referred to the mediation centre whereby the contesting parties may sit across the table and settle the dispute in an amicable way. Considering the nature of allegation and the difference between the parties, the Court feels that in the interest of justice and in a larger good, let an opportunity be granted to settle their disputes in an amicable and congenial way.

4. Let notice be issued to opposite party no.4 to put his appearance before the Mediation Centre of this Court.

5. Thus, it is directed that the petitioners shall deposit a sum of Rs.50,000/- latest by 18.04.2023 with the Mediation Centre of which the entire amount shall be paid to opposite party no.4 only after process is over before the Mediation Centre. The Court expects that both the parties would render necessary assistance to settle their discord once for all.

6. It has come to the notice of this Court that the parties in other cases are coming to the process of mediation in most non-serious way and premeditated mind. The Court refers the matter to the A.H.C.M.C.C. with hope and trust that the parties would utilize this process and platform to have some fruitful result. The process of mediation is not for earning the amount deposited by the petitioners. If the opposite parties are coming to the Centre with different design in their mind and for only receiving the amount, deposited by the petitioners, then this practice has to be deprecated and condemned. Thus, it is directed that if the opposite parties are coming and participating the process of mediation, then the entire amount would not be handed over to them in one go, and the same would be handed over to them in following manner : (a) If opposite parties approaches the Mediation Centre in only one date and submits that they are no more interested in the process of mediation or absented themselves from successive occasions without any justifiable reasons, then only 50% of the entire amount deposited by the petitioners, would be handed over to them or their representatives or counsel and rest amount would go to the petitioners. (b) If the contesting parties are coming and participating in the process of mediation for two or more occasions, then only the opposite parties would be entitled for full amount; (c) If despite of the due notice to opposite parties, they do not appear without any justifiable reasons, then the entire amount would be refunded to the petitioner. (d) After the the settlement is there the aforesaid amount of Rs.50,000/- shall be adjusted in the final settlement.

7. The matter is remitted to the Mediation Centre with the direction that the Mediation Centre shall conclude the mediation and conciliation proceedings expeditiously, within a period of three months after giving notices to both the parties. Only after the aforesaid amount is deposited by the petitioner, notice shall be issued to the parties by the registry of Mediation Centre. It is made clear that High Court Mediation & Conciliation Centre, Allahabad is required to submit its report within three months.

8. Thereafter, the case shall be listed in last week July, 2024 along with the report of High Court Mediation and Conciliation Centre, Allahabad before appropriate Court.

9. It is made clear that investigation shall go on. Till the next date of listing or till submission of police report under Section 173(2) Cr.P.C. the petitioner shall not be arrested, provided the petitioners shall actively participate in the investigation and as and when the required the petitioner shall appear before the concerned I.O. The fate and future of the charge-sheet shall be dependent upon the final outcome of the mediation centre.

10. In case the aforesaid amount is not deposited by the petitioners within the aforesaid period or after depositing the aforesaid amount they fail to participate in the mediation process without any justifiable reason or prior notice, the entire amount would be fortified in the account of Mediation Centre and the matter would be remitted to the court concerned immediately and interim order shall be deemed to be vacated automatically. Their is no need of any formal order for vacating the stay by the Court."

4. Learned counsel for the petitioners states that on account of non-cooperation of the informant, the Mediation could not be succeeded. He contended that the alleged offences are below seven years and till date the police report has not been submitted in the instant matter. He further states that the amount of Rs.50,000/- was deposited as per the directions issued by the Co-ordinate Bench on 08.04.2024 but the same was not received by the informant till date and ultimately the mediation has failed. He prays that leave may be accorded to the petitioners to press the appropriate application for release of the amount before the Mediation Centre of this Court.

5. Considering the facts and circumstances and the interim order dated 08.04.2024, we find that the petitioners are to be accorded ample opportunity under Section 41(1)(b) and Section 41-A of Cr.PC/Section 35 (3) to 35 (7) of Bhartiya Nagrika Suraksha Sanhita, 2023 and the guidelines issued by Hon'ble Apex Court in the case of Arnesh Kumar Vs. State of Bihar reported in (2014) 8 SCC 273 as well as the directions issued in judgement and order dated 28.01.2021 of this Court passed in Criminal Misc. Writ Petition No. 17732 of 2020 (Vimal Kumar and 3 Others Vs. State of U.P. and 3 Others) reported in 2021 (2) ACR 1147, be strictly complied with before arresting the petitioners. Leave is also accorded to the petitioners to press the appropriate application for release of the said amount before the Mediation Centre of this Court.

6. With these observations, the writ petition is disposed of. (Prashant Kumar,J.) (Mahesh Chandra Tripathi,J.) Order Date :- 4.3.2025 A. Pandey