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2026 Supreme(Online)(All) 1376
HIGH COURT OF JUDICATURE AT ALLAHABAD
J.J. Munir, Tarun Saxena, JJ
AMIT JADVANI AND ANOTHER – Appellant
Versus
STATE OF U.P. AND 3 OTHERS – Respondent
CRIMINAL MISC. WRIT PETITION No. - 10079 of 2026
For the Appellants/Petitioners: Abhijeet Mishra, Vivek Chaturvedi
For the Respondents: G.A.
In criminal proceedings arising from monetary or investment disputes, the court may refer the parties to mediation for amicable settlement and grant interim protection from arrest contingent upon certain deposits.
Headnote:The petitioners sought to quash proceedings under Sections 318(4), 352, and 351(3) of the Bharatiya Nyaya Sanhita, 2023, arising from a dispute where an informant alleged that funds provided for investment were embezzled. The court observed that the matter is primarily a monetary dispute between the parties. The court framed the issue around whether the dispute could be resolved amicably. It reasoned that since the matter involves a monetary dispute, it is desirable that the parties attempt a reconciliation of their differences with the assistance of the Allahabad High Court Mediation and Conciliation Center. The parties are referred to the Mediation Center, and the petitioners are granted interim protection from arrest subject to the deposit of Rs. 30,000/-.
Heard learned Counsel for the petitioners, Mr. Prakhar Shukla, Advocate holding brief of Mr. Gaurav Dwivedi, learned Counsel for respondent no. 4 and Mr. Deepakh Kapoor, learned Additional Government Advocate on behalf of the State.
The petitioners have come up, seeking to quash the proceedings of Case Crime No. 405 of 2025, under Sections 318(4), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kaushambi, District Ghaziabad (Commissionerate Ghaziabad).
There is a dispute of money between parties, which was allegedly given for investment by the informant to the petitioners, but embezzled, as the informant says. We are of opinion that this matter can be amicably resolved through the intervention of the Allahabad High Court Mediation & Conciliation Center.
Without going into the merits of the petitioners' case at this stage, since this is a matter involving monetary dispute between the petitioners and respondent no. 4, it is desirable that the parties be required to attempt a reconciliation of their differences with the assistance of Allahabad High Court Mediation and Conciliation Center.
Learned Counsel for the petitioners is in agreement with the aforesaid course of action.
Let the petitioners deposit a sum of Rs. 30,000/- with the Allahabad High Court Mediation and Conciliation Center through a Bank instrument, payable in account at Prayagraj, on or before 19.05.2026. Out of the sum of money deposited, a sum of Rs. 15,000/- shall be paid to respondent no. 4 on the date that she first appears before the Center.
Upon deposit aforesaid being made good, the Mediation Center shall issue notice to both the parties, fixing an early date for appearance and further proceedings before the Center.
The Mediation Center shall submit their report within two months from the date parties are required to first appear before the Center. Thereafter, the case shall be listed before the Court on 05.08.2026, in the cause list of the day.
Till the next date of listing, the petitioners, to wit, Amit Jadvani and Priya Tiwari, shall not be arrested in connection with Case Case Crime No. 405 of 2025, under Sections 318(4), 352 and 351(3) of the Bharatiya Nyaya Sanhita, 2023, Police Station Kaushambi, District Ghaziabad (Commissionerate Ghaziabad).
In case, the sum of money is not deposited, as directed, the interim order granted above shall automatically stand vacated.
The Registrar (Compliance) is directed to communicate this order to the Commissioner of Police, Ghaziabad and the Station House Officer, Police Station Kaushambi, District Ghaziabad (Commissionerate Ghaziabad), both through the learned Chief Judicial Magistrate, Ghaziabad within 24 hours next.
