Court No. - 70
Case :- APPLICATION U/S 482 No. - 15430 of 2019 Applicant :- Amit Kasana Opposite Party :- State Of U.P. And Anr Counsel for Applicant :- Anoop Trivedi Counsel for Opposite Party :- G.A.
Hon'ble Sanjay Kumar Singh,J.
Impleadment application on behalf of applicant filed today, is taken on record.
Order on Impleadment Application.
By means of impleadment application prayer has been made by the applicant to implead the following persons as opposite party nos. 3 to 12:-
1. Subhash Chandra S/o Hukum Chand, Opposite Party No. 3
2. Sasrbati Devi W/o Sat Narain, opposite party no. 4
3. Seema D/o Mahinder Singh, opposite party no. 5
4. Vinod Kumar Jain S/o Daulat Ram Jain, opposite party no. 6
5. Mohinder Singh S/o Dharam Singh opposite party no. 7
6. Satpal Jain S/o Tarachand, opposite party no. 8
7. Mamta Devi W/o Sudesh Kumar, opposite party no. 9
8. Sunita Jain W/o Satpal Jain, opposite party no. 10
9. Mani Jain S/o Lakshmi Chand Jain, opposite party no. 11 and 10 Jitendra Mohan, opposite party no. 12.
Impleadment application is allowed.
Learned counsel for the applicant is directed to make necessary impleadment during course of the day.
Order on Application.
Heard learned counsel for the applicant and learned Additional Government Advocate for the State/opposite party no.1 and perused the record with the assistance of leaned counsel for the parties.
This application under Section 482 Cr.P.C. has been filed by the applicant with a prayer to quash the charge-sheet dated 20.09.2008, in Criminal Case No. 11287 of 2008 (State vs. Sunil Pari and others),arising out of Case Crime No. 1301 of 2007, under Sections 420, 467, 468, 471 IPC and 138 N.I. Act, Police Station Sector-20, NOIDA, District Gautam Bhdh Nagar, pending in the court of Chief Judicial Magistrate, Gautam Budh Nagar.
It is submitted by the learned counsel for the applicant that the dispute between the parties concerned is with regard to transaction of money in relation to allotment of plot in the project raised by company, in which the applicant is one of the director. According to the prosecution case as mentioned in FIR a booking amount Rs. 33,00,000/- for allotment of 11 plots and commission amount Rs. 20, 34,687 have been grabbed by the applicant along with other co-accused persons in collusion with each other adopting different modous operandi. It is submitted that the dispute between applicant and opposite parties no. 3 to 9 have already been settled in the Court and all the complaints filed by them against the applicant, have been consigned to record. Further submission is that as on date as per prosecution case, only opposite parties no. 2, 10, 11 and 12 are aggrieved against the applicant, therefore, applicant is willing to settle the matter through mediation, therefore, an opportunity be granted to the parties concerned for reconciliation/settlement of their disputes by way of mediation.
Learned AGA opposed the prayer by contending that prima facie cognizable offence is made out against the applicant. This application has been filed after 10 years of submitting charge sheet dated 20.09.2008. Applicant has not come with clean hand. Applicant is absconding since last 10 years, therefore, the present application is liable to be dismissed on the ground of latches also.
Considering the rival submission of the learned counsel for the parties, though this Court is not inclined to interfere in the matter/charge sheet dated 20.09.2008 on merit, but in view of law laid down by the Apex Court in case of Nikhil Merchant Vs. Central Bureau of Investigation and others JT 2008 SC 192 this Court feel that the interest of justice would be served, if such request of the applicant is acceded to and the criminal proceedings and other litigations between the parties concerned is brought to an end.
The matter is referred to Mediation & Conciliation Centre of this Court. The applicant is directed to deposit a sum of Rs. three lakhs by way of demand draft in favour of Registrar General, Allahabad High Court Mediation & Conciliation Centre within a period of two weeks from today to the In- charge Mediation and Conciliation Centre, High Court, Allahabad. After deposit of the aforesaid money by the applicant, office shall send a notice to the opposite party nos. 2, 10, 11 and 12 fixing a date to appear before the Mediation and Conciliation Centre of this Court.
Out of aforesaid amount, a sum of Rs. 5,000/- shall be payable to the Mediation Centre. A sum of Rs. 20,000/- shall be payable to each of the opposite party no. 2, 10, 11 and 12 on their appearance before the Mediation Centre. The rest amount of Rs. 2,15,000/- shall be abided by the outcome of mediation. In case, mediation is succeeded, the above amount Rs. 2,15,000/- shall be adjusted accordingly. In case, mediation is failed, the said amount Rs. 2,15,000/- shall be returned to the applicant within two weeks from the date of final order passed by the mediation centre. The Mediation Centre will submit its report in the matter within two months.
Notice on behalf of opposite party No. 1 has been accepted by learned AGA.
Issue notice to opposite party no. 2, 3, 4, 5, 6, 7, 8, 9, 10, 11 & 12.
Steps be taken by the applicant within 10 days.
All the opposite parties may file counter affidavit, if any, within four weeks. Rejoinder affidavit, if any, may be filed within two weeks thereafter.
List this case on 1st July, 2019 before the appropriate Bench along with the report of Mediation and Conciliation Centre, High Court, Allahabad.
Till the next date of listing, no coercive action shall be taken against the applicant only subject to following conditions:-
(i) The applicant after deposit of aforesaid amount within the said period shall submit a proof of deposit of said amount before the concerned court below.
(ii) In case, the said amount, as directed above, is not deposited by the applicant within the aforesaid period, the interim protection granted by this Court shall automatically come to an end and it will be open for the concerned court below to proceed against the applicant.
Order Date :- 25.4.2019 v.k.updh.