Dismissed

Anil Kumar and 4 Others v. State of U.P. and Another

Allahabad HC3 Sept 2021A482/14085/2021

Case brief

AI extract

What is this about?

In this application under Section 482 Cr.P.C. seeking quashing of proceedings for Section 498A IPC offences, the single judge held that a matrimonial dispute necessitated an attempt at reconciliation via mediation. The matter was referred to the Mediation Centre with a deposit requirement. The applicant-husband's plea for quashing was refused, while proceedings against others were kept in abeyance

What did the court decide?

Proceedings to applicant no.1 quashing refused; other applicants granted 30-day stay pending mediation.

Anil Kumar and 4 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2021)

¶1

Court No. - 86

¶2

Case :- APPLICATION U/S 482 No. - 14085 of 2021

¶3

Applicant :- Anil Kumar And 4 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Raja Ram Kushwaha Counsel for Opposite Party :- G.A.

¶4

Hon'ble Umesh Kumar,J.

¶5

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

¶6

This application under Section 482 Cr.P.C. has been filed with the prayer to quash the entire proceedings of Case No. 1950 of 2020 as well as impugned charge sheet dated 3.1.2020 arising out of Case Crime No. 234 of 2019 under Section 498A, 323, 506 I.P.C. and 3/4 D.P. Act, P.S.- Kurara District- Hamirpur with an alternative prayer to stay the further proceedings of the above mentioned case.

¶7

Learned Counsel for the applicant submits that it is a matrimonial dispute, the applicant no.1 is the husband of Smt. Laxmi, sister of opposite party no. 2, in the present application. Learned counsel for the applicants submits that there is every likelihood of settlement of dispute between the parties amicable if the matter is referred to Mediation Centre.

¶8

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.

¶9

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

¶10

The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, Hamirpur 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. Laxmi, sister 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, Hamirpur.

¶11

The applicants are directed to submit certified copy of this order

¶12

in the Mediation Centre, Civil Court, Hamirpur within fifteen days from today.

¶13

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

¶14

Considering the nature of offences, the liability of the husband towards his wife cannot be ignored. Therefore, the prayer to the extent on behalf of applicant no.1 namely, Anil Kumar (husband) in this application is hereby refused.

¶15

So far as applicant nos. 2 to 5 are concerned, for a period of 30 days from today, further proceedings of the aforesaid case shall be kept in abeyance.

¶16

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

¶17

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

¶18

Order Date :- 3.9.2021//Fhd

Anil Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Anil Kumar and 4 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

Shashi Kant Tripathi Vs State of U.P. and Another

Udham Singh and Another Vs State of U.P. and Another

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

Vinod Kumar Yadav Vs State of U.P. and Another

Mohan Lal Vs State of U.P. and Another

Ram Alaf and 4 Others Vs State of U.P. and Another