Disposed

Aditya Vir and 2 Others v. State of U.P. and Another

Allahabad HC21 Sept 2021A482/11919/2021

Case brief

AI extract

What is this about?

In a matrimonial dispute, the single judge referred an application under Section 482 Cr.P.C. to the Mediation Centre at Civil Court, Meerut, directing the applicant to deposit a sum of Rs. 10,000 and keeping further proceedings in abeyance for 45 days pending mediation.

What did the court decide?

Application referred to Mediation Centre; proceedings kept in abeyance for 45 days pending mediation outcome.

Aditya Vir and 2 Others Vs State of U.P… — Civil Procedure and Limitation | Allahabad HC (2021)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 11919 of 2021

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Applicant :- Aditya Vir And 2 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Km. Surabhi,Gaurav Dhama Counsel for Opposite Party :- G.A.,Satyam Narayan

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Hon'ble Umesh Kumar,J.

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

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This application under Section 482 Cr.P.C. has been filed with the prayer to quash the impugned charge sheet dated 28.01.2021 in Case No. 2816 of 2021 (State of UP vs. Aditya Vir and others), arising out of Case Crime No. 673 of 2020, under Sections 498-A, 323, 504, 506 I.P.C. and 3/4 D.P. Act, Police Station- Kankarkhera, District- Meerut, pending in the court of Chief Judicial Magistrate, Meerut.

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Learned Counsel for the applicants submits that it is a matrimonial dispute. The applicant no.1 is the husband of daughter of the opposite party no. 2, in the present application. Applicant no.2 is father-in-law and applicant no.3 is mother-inlaw of the daughter of the opposite party no.2. Learned counsel for the applicants submits that there is every likelihood of settlement of dispute between the parties amicably if the matter is referred to Mediation Centre.

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In view of the aforesaid as the dispute appears to be of matrimonial nature, I am of the view that an attempt should be made for reconciliation between the parties.

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The matter on the request of learned counsel for the applicants is, therefore, referred to the Mediation Centre at Civil Court, Meerut.

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The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, Meerut for which, the applicant no.1 (husband) shall deposit a sum of Rs. 10,000/- (Rs. Ten thousand) within 15 days from today before the Mediation Centre, out of which Rs. 8,000/-( Rs. Eight Thousand) shall be paid to Smt. Anshul Chaudhary, daughter of opposite party no. 2 on her first appearance before Mediation Centre towards her expenses for attending mediation sessions. The balance amount of Rs. 2,000/- shall be deposited in the Mediation Centre, Meerut.

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The applicants are directed to submit certified copy of this order in the Mediation Centre, Civil Court, Meerut within fifteen days from today.

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If, in any case, mediation fails, trial court will proceed with the case according to law.

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For a period of 45 days from today, further proceedings in respect of the applicants shall be kept in abeyance.

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However, it is made clear that in the event mediation fails, the interim protection shall cease to operate and law will take its own course.

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With the aforesaid observation, this application is disposed of finally.

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Order Date :- 21.9.2021 Vikas

Aditya Vir and 2 Others v. State of U.P. and Another

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Aditya Vir and 2 Others v. State of U.P. and Another

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