Disposed

Vikas Dubey and 5 Others v. State of U.P. and Another

Allahabad HC28 Sept 2021A482/6017/2021

Case brief

AI extract

What is this about?

Single Judge allowed mediation for matrimonial dispute arising from domestic violence charges. Ordered stay of proceedings against 5 applicants for 60 days while referring matter to mediation centre; refused stay for principal applicant.

What did the court decide?

Application disposed of by referring matter to mediation centre; proceedings against 5 applicants stayed for 60 days.

Vikas Dubey and 5 Others Vs State of U.P. and… — Matrimonial and Divorce | Allahabad HC (2021)

¶1

Court No. - 86

¶2

Case :- APPLICATION U/S 482 No. - 6017 of 2021

¶3

Applicant :- Vikas Dubey And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Ram Krishna Dubey 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 impugned charge sheet dated 27.04.2018, order of cognizance and issuance of process dated 01.09.2018 passed by Additional Chief Judicial Magistrate, Bhadohi at Gyanpur as well as entire proceedings of Criminal Case No.3005 of 2018 (State Versus Vikas Dubey and others) arising out of Case Crime No.500 of 2017 under Section 498-A, 323, 506 I.P.C. and 3/4 D.P. Act, Police Station-Aurai, DistrictBhadohi.

¶7

Learned Counsel for the applicant submits that it is a matrimonial dispute. The applicant no.1 is the husband of opposite party no. 2, in the present application. Applicant nos.2 and 3 are parents-in-law, applicant no.4 is Chachiya Sas and applicant nos.5 and 6 are Nanad and Nandoi 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.

¶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, Bhadohi.

¶10

The applicants are directed to submit certified copy of this order before competent court along with an application for mediation within fifteen days from today who shall refer the matter for mediation before District Mediation Centre,Bhadohi at Gyanpur, after seeking consent of Smt. Dipika Dubey, opposite party no. 2.The mediator is allowed a month's time to find out possible solution of the dispute between the parties and send his report to the court regarding the outcome of mediation.

¶11

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

¶12

Staying of further proceedings in respect of applicant no.1 is refused. However, for a period of 60 days from today, the proceeding against applicant nos.2 to 6 shall be kept in abeyance.

¶13

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.

¶14

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

¶15

Order Date :- 28.9.2021 MN/-

Vikas Dubey and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Vikas Dubey and 5 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

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

Satish and 4 Others Vs State of U.P. and Another

Deep Shikha Vs State of U.P. and 3 Others

Sudhir Kaushik Vs State of U.P. and 2 Others

Anil Rai @ Ravindra Rai and Another Vs State of U.P. and Another

Avtar Singh @ Taru Vs State of U.P. and Another

Prem Chand Vs State of U.P. and 4 Others