Rafiq Khan and 5 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2020)

Rafiq Khan and 5 Others Vs State of U.P. and Another — Dowry and Cruelty | Allahabad HC (2020)

What the court decided

AI extract

Outcome

Interim protection - no coercive action against the petitioners till the next date of listing, auto-vacating on default in deposit or non-participation in mediation; matter referred to the Mediation and Conciliation Centre, High Court, Allahabad, subject to deposit of Rs.20,000/- within two weeks (Rs. 18,000/- to the wife on her first appearance; Rs. 2,000/- retained by the Centre); case to be relisted after the mediator's three-month report; the quashing prayer left undecided at this stage.

Issue for consideration

Whether the order dated 16.10.2020 of the Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi, summoning the applicants under Sections 323, 504, 506, 498-A IPC and Sections 3/4 of the Dowry Prohibition Act in complaint case no.0972 of 2019, should be quashed. +1 more

Court's answer

The Court was satisfied, on the basis of the record and the submissions made before it, that the nature of the litigation is such that there is a chance to resolve the matter through the process of mediation and that an attempt ought to be made to explore that possibility; the quashing prayer was not decided on merits at this stage.

Ratio / Principle

The matter was referred to the Mediation and Conciliation Centre, High Court, Allahabad.

Key takeaways

The applicants were directed to deposit Rs.20,000/- within two weeks at the Mediation Centre; on deposit, the Centre was to issue notices to both parties returnable within four weeks; of the deposit, Rs. 18,000/- is to be handed over to the wife on her first appearance towards maintenance and minimum expenses, and Rs. 2,000/- is to remain deposited with the Mediation Centre.ratio¶10
The mediator was allowed three months' time to find a possible solution of the dispute and send his report to the Court on the outcome of mediation; the case is to be listed before the appropriate Bench along with the mediator's report after three months.ratio¶11

Detailed headnote1 paragraphs

Allahabad High Court (Ali Zamin, J.) in Application U/S 482 No. 10942 of 2020 by Rafiq Khan and five others seeking quashing of the summons order dated 16.10.2020 of the Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi, summoning them under Sections 323, 504, 506, 498-A IPC and Sections 3/4 of the Dowry Prohibition Act in complaint case no.0972 of 2019 (Chandani Vs. Rafiq and others), P.S. Gopiganj. Observing that the matter is a matrimonial dispute in which there is a chance of resolution through mediation, the Court referred it to the Mediation and Conciliation Centre, High Court, Allahabad: the applicants to deposit Rs.20,000/- within two weeks, of which Rs. 18,000/- is to be handed to the wife on her first appearance towards maintenance and minimum expenses and Rs. 2,000/- is to remain with the Centre; notices returnable within four weeks; the mediator allowed three months to report; the case to be listed with the report. Till the next date of listing, no coercive action against the petitioners, with the interim stay standing automatically vacated on default in deposit or non-participation in mediation. The case is not to be treated as tied up or part heard. The quashing prayer itself was not decided at this stage.

Court No. - 43

Case :- APPLICATION U/S 482 No. - 10942 of 2020

Applicant :- Rafiq Khan And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Mohd. Isa Khan,Prakash Chandra Shakya

Counsel for Opposite Party :- G.A.

Hon'ble Ali Zamin,J.

Heard learned counsel for the applicants, learned A.G.A. for the State and perused the record.

The present application under Section 482 Cr.P.C. has been filed for quashing the order dated 16.10.2020 passed by Chief Judicial Magistrate, Sant Ravidas Nagar, Bhadohi summoning the applicants under Section 323, 504, 506, 498-A of Indian Penal Code and Section 3/4 of Dowry Prohibition Act, Police Station Gopiganj, District Sant Ravidas Nagar-Bhadohi in complaint case no.0972 of 2019 (Chandani Vs. Rafiq and others).

Learned counsel for the applicants submits that the matter relates to matrimonial dispute and the applicant no.1 is ready and willing to settle the dispute amicably and keep the opposite party no.2 with him. In order to show his bona fides the applicants are ready to deposit Rs. 20,000/- to be handed over to the wife on her first appearance. Learned counsel for the applicants urged that the case may be referred to the Mediation Centre of this Court so that the couple may have a chance to settle their dispute on their own terms through mediation.

The Court is also satisfied on the basis of record and the submissions made before it that the nature of litigation is such that there is a chance to resolve the matter through process of mediation and an attempt ought to be made to explore that possibility.

Accordingly, the matter is being referred to the Mediation and Conciliation Centre, High Court, Allahabad. The applicants will deposit Rs.20,000/- within two weeks at the Mediation Centre. In case the amount is deposited, the Mediation Centre will issue notices to both the parties returnable within a period of four weeks. Out of the same, Rs. 18,000/- shall be handed over to the wife on her first appearance with regard to her maintenance and minimum expenses. Rs. 2,000/- will remain deposited with the Mediation Centre.

The mediator is allowed three months' time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

List this case before the appropriate Bench along with report of the mediator after three months.

Till the next date of listing, no coercive action shall be taken against the petitioners in the aforesaid case.

It is made clear that in case of default in depositing the amount as ordered above or on non-participation of the petitioners in the mediation proceedings, the interim stay order shall stand automatically vacated.

This case shall not be treated as tied up or part heard to this Court.

Order Date :- 18.6.2020 MAA/-