Disposed

B.K. Bhartiya and Another v. State of U.P. and Another

Allahabad HC24 Sept 2019A482/35097/2019

Case brief

AI extract

What is this about?

Single judge disposed of an application under Section 482 Cr.P.C. to quash proceedings. Pending applicants' willingness to settle, the court directed a deposit of Rs. 15,000 and referral to mediation. Coercive action stayed until mediation report.

What did the court decide?

Direction to deposit Rs. 15,000 in Medi Centre account to facilitate reference for mediation; stay of coercive action pending mediation report.

B.K. Bhartiya and Another Vs State… — Constitutional and Fundamental Rights | Allahabad HC (2019)

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Court No. - 73

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Case :- APPLICATION U/S 482 No. - 35097 of 2019

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Applicant :- B.K. Bhartiya And Another Opposite Party :- State Of U.P. And Another Counsel for Applicant :- Himanshu Raghav Pandey,Ram Kishore Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Om Prakash-VII,J.

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceedings of complaint case no. 6104 of 2018 and the order dated 1.2.2019 under Section 420, 323,504,506 IPC, Police Station Chhavni, District - Kanpur Nagar pending in the court of Special Chief Judicial Magistrate, Kanpur Nagar.

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Heard learned counsel for the applicants and the learned AGA appearing for the State.

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It is submitted by the learned counsel for the applicants that applicants are ready to settle the dispute through mediation and the matter be referred to the District Mediation and Conciliation Centre at Kanpur Nagar.

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Having regard to the facts and circumstances of the case, after perusing the entire record and having considered the submissions made by the learned counsel for the parties and keeping in view the willingness shown by the applicants, the present application is disposed of with a direction to the applicants to deposit Rs.15000/- before the Mediation and Conciliation Centre of the concerned district within a period of six weeks from today in the name of opposite party no.2 by way of demand draft / pay order payable at Kanpur Nagar. If the applicants move an application for referring the matter to the concerned District Mediation and Conciliation Centre within the aforesaid period, the Court concerned shall refer the matter to the District Mediation and Conciliation Centre and the amount so deposited shall be paid to the opposite party no.2 on her appearance before the concerned District Mediation and Conciliation Centre. The concerned Mediation Centre shall conclude the matter expeditiously, preferably within a period of six months after giving notices to both the parties. After receiving the report of the Mediation Centre, if it is found that the matter has been settled between the parties, the court concerned shall pass appropriate order in the matter in accordance with law.

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Till the report of the District Mediation Centre is received, no coercive action shall be taken against the applicants in the aforementioned case.

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Subject to the aforesaid directions, this application is finally disposed of.

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Order Date :- 24.9.2019

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safi

B.K. Bhartiya and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

B.K. Bhartiya and Another v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

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