Disposed

Subes Kumar Shahi @ Sunni and 5 Others v. State of U.P. and Another

Allahabad HC15 Jul 2022A482/10096/2022

Case brief

AI extract

What is this about?

The applicant challenged a summoning order and bail warrant in a complaint under Sections 498A IPC and D.P. Act. The court directed the applicant to seek mediation in the lower court, stayed coercive measures for five months subject to mediation failure, and disposed of the application without quashing the impugned orders.

What did the court decide?

Direction to approach lower court for mediation; stay of coercive measures for five months; application disposed of without quashing impugned orders.

Subes Kumar Shahi @ Sunni and 5 Others Vs State of U.P… — Quashing and FIR | Allahabad HC (2022)

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Court No. - 83 Case :- APPLICATION U/S 482 No. - 10096 of 2022

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Applicant :- Subes Kumar Shahi @ Sunni And 5 Others Opposite Party :- State of U.P. and Another Counsel for Applicant :- Pramod Kumar Counsel for Opposite Party :- G.A.

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Hon'ble Gautam Chowdhary,J.

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

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This application has been filed with a prayer to quash the impugned summoning order dated 16.11.2021 and B.W. dated 3.1.2022 (Kanchan Singh Vs. Subes Kumar Shahi@Sunni and others), arising out of Complaint Case No.646 of 2019, under Sections 498A, 323, 504 IPC and Section 3/4 D.P. Act, Police Station Ubhaon, District Ballia, pending in the court of Civil Judge (J.D.)/F.T.C. 2nd, Ballia.

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The contentions raised by the applicants' counsel is that there is a dispute in between the parties. There are chances of amicable settlement between the parties. Applicants' counsel urged that this case may be referred for mediation so that the parties may have a chance to settle their dispute on their own terms through mediation.

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In such circumstances, it is directed that the applicants shall appear before the court below and move an application for settling the dispute through mediation. In case such an application is filed before the court below for settling the dispute through mediation, the court concerned shall pass an appropriate order within a week from the date of filing such an application. Thereafter, mediation centre will decide the same within a period of four months.

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For a period of five months, no coercive steps shall be taken against the applicants in the above mentioned case.

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It is further directed that in case mediation process between the parties fails, the court below shall be free to proceed further with the matter against the applicants and in case mediation succeeds, the applicants shall be free to approach this Court.

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With the above observation, this application is disposed of.

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Order Date :- 15.7.2022 Mini

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Digitally signed by MINI KANAUJIYA Date: 2022.07.16 15:09:15 IST Reason: Location: High Court of Judicature at Allahabad

Subes Kumar Shahi @ Sunni and 5 Others v. State of U.P. and Another

Case brief

What is this about?

What did the court decide?

Subes Kumar Shahi @ Sunni and 5 Others v. State of U.P. and Another

Case brief

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What did the court decide?

What the court decided

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