Allahabad High Court
Ashif Khan @ Raja vs State Of U.P. & Another on 26 March, 2021
Bench: Vikas Kunvar Srivastav
HIGH COURT OF JUDICATURE AT ALLAHABAD, LUCKNOW BENCH
?Court No. - 28
Case :- U/S 482/378/407 No. - 1770 of 2021
Applicant :- Ashif Khan @ Raja
Opposite Party :- State Of U.P. & Another
Counsel for Applicant :- Kunwar Ravi Prakash
Counsel for Opposite Party :- G.A.
Hon'ble Vikas Kunvar Srivastav,J.
The case is called out.
Learned counsel for the applicant, Sri Kunvar Ravi Prakash, Advocate and learned A.G.A. for the State are present.
The present application under Section 482 Cr.P.C. is moved on behalf of the applicant with a prayer to quash the impugned summoning order dated 11.8.2017 passed by the Additional Court No.11, Lucknow in Complaint Case No.1702/2013 in the matters of (Hari Shankar Sharma Vs. Ashif Khan @ Raja), Police Station- Manak Nagar, District- Lucknow and further quashed entire proceeding of the aforesaid complaint case further quashed all the proceedings of complaint case no.1702/2013, pending in the court of Additional Court No.11, Lucknow.
Learned counsel for the applicant submitted that since parties to the present litigation are business partners and there is a commercial dispute, barring this commercial dispute they have earlier been in commercial relation with each other. Learned counsel further submitted that there is scope of amicable settlement between the parties and for the purpose, he is willing to appointed by the court, a mediator for mediation through the Mediation Center of the Judgeship.
Learned A.G.A submitted that he would have no objection, if any, such direction is given to the court below as the interest of State is only to get the litigation culminated by way of judgment or by way of amicable settlement between the parties.
In view of the above, the applicants are directed to appear before the court below within 15 days from the date of order alongwith bail application and the learned trial court is directed to consider and decide the application in view of the Lal Kamlendra Pratap Singh Vs. State of U.P. reported in 2009 (3) ADJ 322 (SC) and in Hussain and Ors. Vs. Union of India (UOI) and Ors. reported in MANU/SC/0274/2017.
Keeping in mind to protecting the personal liberty of person just and fair for participation in the proceedings pending before the Court.
The applicant is further directed to ensure his personal appearance before the trial court with application for grant of bail within 15 days from the date of order alongwith application to refer the matter to get the things amicably settled between the parties.
Learned trial court is directed, if any, such application is made before it to decide the same with all promptness ensuring his presence in the trial. Further to call for the consent of complainant for referring the matter for mediation and conciliation to the Mediation Center of the District Judgeship fixing a time for result of mediation to it.
For a period of aforesaid 15 days from today or till the date applicant moves the application for bail and referring of dispute to the mediation, whichever is earlier, no coercive action shall be taken against the applicant in the aforesaid case.
With these observations, this application under Section 482 Cr.P.C. is disposed of.
Order Date :- 26.3.2021
Gaurav/-
