Disposed

Pankaj and 3 Others v. State of U.P. and Another

Allahabad HC7 Sept 2021A482/14832/2021

Case brief

AI extract

What is this about?

Held that the matrimonial dispute requires reconciliation. Application to quash criminal proceedings was rejected for the husband but stayed for other applicants pending mediation. Mediation Centre referral ordered with security deposit.

What did the court decide?

Application to quash refused against husband; proceedings against other applicants stayed for 30 days; matter referred to Mediation Centre.

Pankaj and 3 Others Vs State of U.P. and Another — Matrimonial and Divorce | Allahabad HC (2021)

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Court No. - 86

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Case :- APPLICATION U/S 482 No. - 14832 of 2021

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Applicant :- Pankaj And 3 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Shashi Dhar Pandey Counsel for Opposite Party :- G.A.

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Hon'ble Umesh Kumar,J.

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Learned counsel for the applicant is permitted to delete applicant no.4 in the array of the parties.

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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 proceeding of criminal case no. 51149 of 2020 arising out of case crime no. 502 of 2020 Under Section 498A, 323, 504, 406 I.P.C. and 3/4 D.P. Act, P.S.- New Agra, District- Agra and cognizance order dated 24.12.2020 passed by C.J.M., Agra with an alternative prayer to stay the further proceedings of the above mentioned case.

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Learned Counsel for the applicant submits that it is a matrimonial dispute, the applicant no.1 is the husband of Smt. Sandhya Singh 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 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, Agra.

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The matter is, therefore, with the consent of the learned counsel for the applicants, referred to the Mediation Centre, Agra 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. Sandhya Singh-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, Agra. The Mediation Centre is directed to take consent from the wife by issuing notice to her in which a specific date shall be mention for appearance before the Mediation Centre for the purpose.

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The applicants are directed to submit certified copy of this order in the Mediation Centre, Civil Court, Agra 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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Considering the nature of offences, the liability of the husband towards his

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wife cannot be ignored. Therefore, the prayer to the extent on behalf of applicant no.1 namely, Pankaj (husband) in this application is hereby refused.

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So far as applicant nos. 2 and 3 are concerned, for a period of 30 days from today, further proceedings of the aforesaid case shall be kept in abeyance.

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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.

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

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Order Date :- 7.9.2021//Fhd

Pankaj and 3 Others v. State of U.P. and Another

Case brief

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Pankaj and 3 Others v. State of U.P. and Another

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