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Arbitration, Conciliation and Mediation are the Alternative Dispute Resolution for solving civil nature disputes: High court of Allahabad

 The objective of Arbitration is to settle the dispute which arose between the parties by one or more arbitrators appointed by them by going through the documents and evidence and the same issue was held in the judgement passed by a single bench judge Hon’ble Rajeev Singh, J. In the matter Ishwar Singhal Versus State Of U.P. Thru. Prin. Secy. Home. Lko & Others Counsel [- U/S 482/378/407 No. – 1979 of 2020] dealt with an issue mentioned above.

Learned A.G.A. raised a preliminary objection that in the present case, First Information Report and its consequential proceedings are challenged as the investigation is still pending, therefore, application (u/s 482 Cr.P.C.) is not maintainable in terms of law laid down by Full Bench of this Court in the case of Ram Lal Yadav and Others vs. The State of U.P. and Others reported in 1989 Cr. LJ 1013, decided on 01.02.1989 and answered that after lodging the FIR, no interference is permissible by this Court in the exercise of its inherent powers, hence, no relief can be granted despite the issue is already resolved in the Mediation Centre.

Learned counsel for the applicants has submitted that mediation was successfully concluded and opposite party No.4 join her matrimonial home with her husband and children on 07.07.2021 and settlement agreement was signed at the Mediation and Conciliation Centre of this Court by the applicant  (husband) and opposite party No.4 (wife) along with their respective counsels of the parties and they also agreed to withdraw the proceeding of Case. The counsel for the applicants has submitted that in the law laid down by the Full Bench of this Court in the case of Ram Lal Yadav (supra) relied upon learned A.G.A. is wrongly interpreted as in the aforesaid judgment, it is held that after lodging the FIR, which discloses the commission of a cognizable offence, statutory powers of Police, under Section 156 Cr.P.C.

The court perused the facts and arguments presented in the case  Law Commission in its 40th report observed that the statutory power under Section 561 A Cr.P.C. is extended only the inherent power of to High Court. One may compare it with the recognition of the inherent powers of all civil courts by Section 151 Cr.P.C. Later on, Law Commission in its 41st reports recommended that inherent power of Section 561-A Cr.P.C. be extended to all Criminal Courts to prevent abuse of process of any Court or otherwise to secure the ends of justice, but the legislature did not accept the recommendation of commission to extend the inherent power as mentioned in Section 561-A of Criminal Procedure Code, 1898.

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Judgment Reviewed by Sakshi Mishra

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