Disposed

Harish Belwal and Another v. State of Up and Another

Allahabad HC8 Apr 2019A482/12493/2019

Case brief

AI extract

What is this about?

Application to quash criminal proceedings in a matrimonial dispute was dismissed. The court directed referral to the District Court's Mediation Centre, mandated a security deposit, and ordered a three-month mediation period during which no coercive action would be taken against the applicants.

What did the court decide?

Application dismissed; case remitted to mediation centre with Rs.10,000 deposit; no coercive action for three months.

Harish Belwal and Another Vs State of Up and Another — Matrimonial and Divorce | Allahabad HC (2019)

¶1

Court No. - 69

¶2

Case :- APPLICATION U/S 482 No. - 12493 of 2019

¶3

Applicant :- Harish Belwal And Another Opposite Party :- State Of Up And Another Counsel for Applicant :- Swetashwa Agarwal Counsel for Opposite Party :- G.A.

¶4

Hon'ble Vivek Kumar Singh,J.

¶5

Heard learned counsel for the applicants and learned A.G.A. for the State.

¶6

The present 482Cr.P.C. application has been filed for quashing the entire proceedings of Criminal Case No.5488 of 2017 arising out of Case Crime No.40 of 2017, under Sections 498-A, 323, 504, 506 I.P.C. Police Station Mahila Thana, District Gautam Budh Nagar, pending in the Court of learned Civil Judge,(S.D.)/FTC, Gautam Budh Nagar alongwith impugned Charge Sheet dated 11.5.2017.

¶7

It is submitted by learned counsel for the applicants that the present matter relates to a matrimonial dispute between husband and wife and the said matter can be well considered by Mediation Centre at District level. It is further contended that there are chances of reconciliation between the parties, therefore the matter may be referred to the Mediation Centre of the court below.

¶8

Having considered the arguments advanced across the bar, I have a feeling that Court owes a duty to the society to strain to the utmost to repair the frayed relations between the parties so that the wounded situation may be healed into a healthy rapprochement. The matter in hand also appears to be one of those cases in which reconciliation should be tried between the disputing parties.

¶9

It is directed that applicants shall deposit a sum of Rs.10,000/- within three weeks from today with the court below of which 90% shall be paid to the opposite party no.2 for appearance before the Mediation Centre of concerned District Court.

¶10

The matter is remitted to the Mediation Centre of the District Court with the direction that same may be decided after giving notices to both the parties.

¶11

It is directed that Mediation Centre of the district Court concerned shall decide the matter expeditiously preferably within a period of three months.

¶12

After depositing the amount, aforesaid, in the Mediation Centre, District Court, notice shall be issued to the parties and in the case the aforesaid amount is not deposited within the aforesaid period, the interim protection granted above shall automatically be vacated.

¶13

After receiving the report of Mediation Centre, if it is found that the matter has been settled between the parties then no useful purpose would be served to initiate criminal proceedings in view of the judgment of the Apex Court in Case of B.S. Joshi Vs. State of Haryana & others, (2003) 4 SCC 675 and the same shall stands concluded in view of the

¶14

report of the Mediation Centre.

¶15

With these observations, the present application stands disposed of.

¶16

For a period of three months or till conclusion of mediation process no coercive action shall be taken against the applicants.

¶17

Order Date :- 8.4.2019 IA

Harish Belwal and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

Harish Belwal and Another v. State of Up and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Cases cited

Parties & counsel

Coram

Case details

Similar cases

Pappu Vs State of U.P.

Mohd Javed Vs Union of India through Ncb Lucknow

Pankaj @ Veerbhan Singh Vs State of U.P.

Hasnain Vs State of Up and 5 Others

Vinay Prakash Srivastav and Another Vs State of Up and Another

Gulfhan and Another Vs State of U.P. and Another